READ THIS AGREEMENT CAREFULLY.

The Coloring Room is willing to provide The Coloring Room Products or Services to you only if you accept all of the following terms and conditions, the The Coloring Room Privacy Policy, as well as any operating rules, policies, price schedules, and other supplemental documents Published by The Coloring Room from time to time, all of which are incorporated herein by reference (collectively, "Terms and Conditions of Use" or "this Agreement").

1. Definition of Terms

As used in these Terms and Conditions of Use:

(a) "The Coloring Room," "we," "us," or "our" mean The Coloring Room.

(b) "You," "yourself", "user," "subscriber," "client," and "customer" refer to the individual or legal entity registering for or using the The Coloring Room Products or Services.

(c) "The Coloring Room Products or Services" means data backup services, websites (including without limitation, www.HDSafeDeposit.com), all other documentation, features, tools, and any other products or services provided by The Coloring Room or its authorized agents, distributors, and licensees.

(d) "Computer" means a desktop or laptop computer, network device, and any storage device attached to them in any fashion.

(e) "Personal Information" means information that you may provide at the time of registration or otherwise, such as name, physical location or address, e-mail address, and postal code.

(f) "Backup Data" includes any data we back up through use of the The Coloring Room Products or Services and any related data that are in the possession of The Coloring Room or The Coloring Room Affiliates.

(h) To "Use" The Coloring Room Products or Services means each time you visit an The Coloring Room website, register with The Coloring Room, store or restore Backup Data, or request support.

(i) "The Coloring Room Affiliate" means persons or entities who have provided products, licenses, or services to The Coloring Room and persons or entities with which The Coloring Room has entered into an agreement to sublicense or to provide The Coloring Room Products or Services to users.

2. Acceptance of Terms and Conditions of Use; Modification; Cancellation

By registering to Use The Coloring Room Products or Services, and each time you Use a The Coloring Room Product or Service, you affirm your acceptance of these Terms and Conditions of Use and agree to comply with them now and throughout the period of your Use of the The Coloring Room Products or Services and thereafter. If you do not agree to these Terms and Conditions of Use in their entirety, do not Use The Coloring Room Products or Services.

The Coloring Room may change the Terms and Conditions of Use at any time, without prior notice to you, and in its sole discretion. The new or modified Terms and Conditions of Use will be effective immediately upon posting on our website at www.thecoloringroom.com.

If you do not agree to be bound by The Coloring Rooms Terms and Conditions of Use as Published by The Coloring Room from time to time, your sole and exclusive remedy is to discontinue using The Coloring Room Products or Services.

The Coloring RoomS SITE IS PROVIDED ON AN AS-IS BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHATSOEVER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Coloring Room SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES REGARDING YOUR ACCESS TO OR USE OF THE SITE AND THE INFORMATION AVAILABLE ON SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES.

3. Requirements for Registration or Use of The Coloring Room Products

The Coloring Room Products or Services are intended and offered only for lawful Use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract. The Coloring Room does not offer The Coloring Room Products or Services to minors or where prohibited by law. By registering for and/or by Using The Coloring Room Products or Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to the The Coloring Room Terms and Conditions of Use and that you will Use The Coloring Room Products or Services only in accordance with these Terms and Conditions of Use and with all applicable laws. If you are Using The Coloring Room Products or Services on behalf of an entity or organization, you warrant, represent, and covenant to The Coloring Room that you are duly authorized to agree to these Terms and Conditions of Use on behalf of the organization and to bind the organization to them.

You agree to provide accurate and complete information when you register for an The Coloring Room Product or Service and you agree to keep such information accurate and complete during the entire time that you Use The Coloring Room Products or Services.

We may ask you from time to time to establish a user name or password to access or Use the The Coloring Room Products or Services. You are solely responsible for any consequences arising in whole or in part out of your failure to maintain the confidentiality of your username and/or password.

4. Lawful Use of The Coloring Room Products or Services

You may not Use The Coloring Room Products or Services for any unlawful purpose.

Without limiting the foregoing:

(a) The Coloring Room Products or Services may not be Used to store, backup, or distribute child pornography and may not be Used in violation of U.S. export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required.

(b) You may not Use The Coloring Room Products or Services if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, or any other country to which the United States has prohibited export. Each time you Use The Coloring Room Products or Services you represent, warrant, and covenant that:

(i) You are not a citizen, national, or resident of, nor under the control of, any such country to which the United States has prohibited export; (ii) You will not download or otherwise export or re-export the The Coloring Room Software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (iii) You are not listed on the U.S. Department of Treasurys Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of States List of Statutorily Debarred Parties, or the U.S. Department of Commerces Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (iv) You will not download or otherwise export or re-export the The Coloring Room Software, directly or indirectly, to persons on the above mentioned lists; (v) You will neither Use nor allow the The Coloring Room Software to be Used for, any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (vi) The The Coloring Room Software will not be exported, directly, or indirectly, in violation of these laws, nor will the The Coloring Room Products or Services be Used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation; and (vii) You are not using or permitting others to Use The Coloring Room Products or Services to create, store, backup, distribute, or provide access to child pornography.

5. Changes to the The Coloring Room Products or Services

The Coloring Room has the right at any time to change, modify, add to, discontinue, or retire any The Coloring Room Product or Service and any aspect or feature of the The Coloring Room Products or Services including, but not limited to, the software, hours of availability, equipment needed for access or Use, the types of files that are backed-up or the availability of The Coloring Room Products or Services on any particular device or communications service.

The Coloring Room will provide notice of material changes to the The Coloring Room Products or Services or changes to this Agreement by posting them to www.HDSafeDeposit.com. The Coloring Room shall have no obligation to provide you with notice of any such changes in any other manner. It shall be your responsibility to check our website periodically to inform yourself of any such changes.

6. Assignment and Delegation by The Coloring Room

The Coloring Room may, in its sole discretion, transfer or assign all or any part of its rights in the The Coloring Room Software, the The Coloring Room Products or Services, and any license or contract related thereto, and may delegate all or any portion of its duties, if any, under any such The Coloring Room Products or Services, licenses, or other contracts.

7. No Transfers or Modifications by You

You may not sell, assign, grant a security interest in or otherwise transfer any right in the The Coloring Room Products or Services, nor incorporate them (or any portion of them) into another product or service. You may not copy the The Coloring Room Products or Services. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the The Coloring Room Software or decrypt any files that are not associated with your computer.

You may not modify the The Coloring Room Software or use it in any way not expressly authorized by these Terms and Conditions of Use. You may not obtain the communications protocol for accessing the The Coloring Room Products. You may not authorize or assist any third party to do any of the foregoing.

8. Protection of Files

You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, and not permitting third party access to your computer. You understand that the The Coloring Room Products or Services may backup files that are no longer usable due to corruption from viruses, software malfunctions or other causes. This might result in restoring files that are no longer usable. We maintain the highest standards for protecting your data when it is on our premises. Your data is never copied to or saved to another hard drive without your consent in cases where a drive is failing to backup. When your data is restored, The Coloring Room will only copy your data to the hard drive that is immediately shipped to you.

9. Deletion of Backup Data

The Coloring Room Software creates a backup of your data on LTO tape, which is shipped to you. The Coloring Room does not store, retain, maintain or warehouse your data or LTO. We only save the catalog file, which is used when you return your LTO tape for restoration to a hard drive. These tapes are used in the computer industry and have a proven history as an effective backup technology.

You agree that The Coloring Room and The Coloring Room Affiliates may retain (but shall have no obligation to retain) your catalog file for a period as part of The Coloring Rooms marketing to you the opportunity to restore your data.

10. Customer Support

The Coloring Room may, in its sole discretion, provide customer support or service to its customers. This service may be available only on selected days and during a limited number of hours. Service may also be available through only certain delivery vehicles such as email or telephone and some services may only be available for the payment of an additional fee or charge. As part of the delivery of services The Coloring Room may employ a variety of tools or services to aid in the process of resolving your issues as a user. You grant The Coloring Room the right to use these tools and hold The Coloring Room harmless for the use of these tools as well as the guidance provided by its customer support staff who in no way can be fully aware of all of the complexities associated with the The Coloring Room product, your computer, or all of the related or associated infrastructure such as your type or brand of disk drives.

11. Fair Use Policy

The Coloring Room SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF The Coloring Room PRODUCTS OR SERVICES TO USERS WHO ARE DEEMED BY The Coloring Room TO BE USING THE The Coloring Room PRODUCTS OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY The Coloring Room OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USERS ACCOUNT WITH The Coloring Room.

You agree that we may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of The Coloring Room Products or Services and to prevent abuses.

12. Data Collection, Encryption, Privacy, and Disclosure

The Coloring Room will collect and use Personal Information in accord with the terms of our The Coloring Room Privacy Policy, which is incorporated into and made a part of these Terms and Conditions of Use. You hereby consent to The Coloring Rooms use of your Personal Information under the terms of the The Coloring Room Privacy Policy, as it may be amended from time to time.

The Coloring Room will not open your files unless i) it reasonably believes that it must do so to troubleshoot problems with the The Coloring Room Services or ii) it reasonably believes it must do so in order to comply with a law, subpoena, warrant, order, or regulation, including, without limitation, the requirement of a certification that complies with 18 U.S.C. 2703. The Coloring Room may also provide access to your data to government authorities if The Coloring Room suspects or believes that the data contain child pornography or other prohibited data or that the data are being used for illegal purposes.

13. Warranties

(a) WARRANTY. The Coloring Room warrants that the The Coloring Room Products or Services will for a period of thirty (30) days from the date of backup and payment perform substantially as specified in the applicable The Coloring Room documentation. If you satisfactorily demonstrate to The Coloring Room within such thirty (30) day period that an The Coloring Room Product contains errors, then as The Coloring Rooms sole and exclusive liability and as your sole and exclusive remedy, The Coloring Room shall at its sole option either use commercially reasonable efforts to correct the errors reported by you, replace the The Coloring Room Product affected with a substantially conforming product, or refund the fee you paid for the The Coloring Room Product upon your return of all LTO tapes and catalog files. The Coloring Room does not warrant the results of its correction or replacement The Coloring Room Product.

(b) DISCLAIMER OF OTHER WARRANTIES. THE LIMITED WARRANTY IN THE PRECEDING PARAGRAPH IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. The Coloring Room and the The Coloring Room Affiliates do not warrant that the functions contained in the The Coloring Room Products or Services will meet your requirements, that the operation of the The Coloring Room Products or Services will be uninterrupted or error-free, or that defects in the The Coloring Room Products or Services will be corrected. The Coloring Room and The Coloring Room Affiliates do not warrant or make any representations regarding the use or the results of the use of the The Coloring Room Products or Services in terms of their correctness, accuracy, reliability or otherwise. The Coloring Room and The Coloring Room Affiliates do not represent or warrant that users will be able to access or use the The Coloring Room Products or Services at times or locations of their choosing, or that The Coloring Room and The Coloring Room Affiliates will have adequate capacity for any users requirements. No oral or written statement, information or advice given by The Coloring Room, The Coloring Room Affiliates, or their respective employees, distributors, dealers, or agents shall create any warranties in addition to those express warranties set forth in this Section 13 (Warranties). You may have other statutory rights. However, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the warranty period.

14. Limitation of Liability

With respect to defects or deficiencies in the The Coloring Room Products or Services, the liability of The Coloring Room and The Coloring Room Affiliates will be limited to performance of its responsibilities under Section 13 (Warranties) above. With respect to other breaches of contract, the liability of The Coloring Room and The Coloring Room Affiliates shall be limited to your actual damages, and in no event will such liability exceed the total amount received by The Coloring Room from you under these Terms and Conditions of Use for your current backup, and only such amounts as relate to the hard drive affected by the breach. IN NO EVENT WILL The Coloring Room, THE The Coloring Room CONTRACTS, The Coloring Room DISTRIBUTORS OR The Coloring Room SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE The Coloring Room PRODUCTS OR SERVICES OR TO USE OR RETRIEVE ANY BACKUP DATA, WHETHER FOR BREACH OF WARRANTY OR OTHER CONTRACT BREACH, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY THEORY, EVEN IF The Coloring Room HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR A REMEDY SET FORTH IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.

Neither The Coloring Room nor any The Coloring Room Affiliate assumes any liability to any party other than you arising out of your Use or inability to Use the The Coloring Room Products or Services. The limitations of damages set forth above are fundamental elements of the bargain between The Coloring Room and you. The Coloring Room would not be able to provide the The Coloring Room Products or Services to you without such limitations.

15. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS The Coloring Room, The Coloring Room AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS FEES, ARISING OUT OF YOUR USE OF THE The Coloring Room PRODUCTS OR SERVICES AND/OR YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS OF USE.

The Coloring Room RESERVES THE RIGHT, AT ITS OWN EXPENSE AND IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, AND ONLY IN SUCH EVENT, SHALL YOU HAVE NO FURTHER OBLIGATION TO PROVIDE A DEFENSE FOR The Coloring Room IN THAT MATTER. If The Coloring Room chooses to provide its own defense in connection with any matter subject to indemnification under these Terms and Conditions of Use, you shall participate and cooperate in the defense of The Coloring Room and The Coloring Room Affiliates, at your own expense, to the full extent requested by The Coloring Room.

16. Trademarks, Service Marks, and Other Intellectual Property

All trademarks, service marks or other similar items appearing on the The Coloring Room Products or Service are the property of their respective owners, including, without limitation, The Coloring Room.

The The Coloring Room Products or Services are protected by copyright and other intellectual property laws, title, ownership rights, and intellectual property rights in the The Coloring Room Products or Services shall remain with The Coloring Room and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with The Coloring Rooms or its licensors ownership of or rights with respect to the The Coloring Room Products or Services.

The Coloring Room and its affiliates do not review or monitor any linked Web sites and are not responsible for the content on any such linked Web site. The inclusion of any link does not imply that The Coloring Room endorses or accepts any responsibility for the content on such third-party sites. Your linking to such third-party Web site is at your own risk.

17. Dispute Resolution, Arbitration, Governing Law, and Venue

(a) Arbitration of Domestic (U.S.) Disputes. All disputes arising under or relating to this Agreement shall be resolved by final and binding arbitration conducted before a single arbitrator pursuant to commercial arbitration rules. Evidentiary hearings and any other proceedings requiring personal attendance of parties or their representatives or witnesses shall be conducted in any U.S. city reasonably designated by the Licensee in the case of individual Licensees who procured the The Coloring Room Products or Services provided for by this Agreement.
(b) Arbitration of International Disputes. Notwithstanding the provisions of Subsection 17(a) (Arbitration of Domestic Disputes), any dispute arising under this Agreement that involves a dispute between The Coloring Room and a person who is neither a citizen nor a resident of the United States, shall, at either partys request, be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules, with such arbitration to be conducted in such a place as the parties to such arbitration may agree.
(c) Exceptions to Agreement to Arbitrate. Notwithstanding the provisions of Subsections 17(a) (Arbitration of Domestic Disputes) and 17(b) (Arbitration of International Disputes), disputes pertaining to i) export controls, ii) unlawful Use of the The Coloring Room Products or Services, or iii) the scope, applicability, or compliance with governmental or court-ordered access to or limits on use of Backup Data, shall not be resolved by arbitration, but shall instead by resolved by reference to a judicial or administrative body with jurisdiction over the dispute.
(d) Costs of Arbitration. The administrative expenses, arbitrator fees, and facility charges associated with the arbitration, whether domestic or international, shall be split equally between the parties. Each party shall be solely responsible for its attorney fees, expert witness fees, and other costs, fees, and expenses, except as may otherwise be provided in Section 15 (Indemnification).
(e) Discovery Procedures in Arbitration. The parties shall be entitled to such discovery as in the judgment of the arbitrator is appropriate, in light of the nature and objectives of arbitration, to ensure that each party has an adequate opportunity to determine the factual bases for its claims and defenses.
(f) Class Actions. Class actions and other procedural devices, however denominated, that allow pursuit in a single proceeding of claims of more than one claimant unrelated by blood or marriage shall not be permitted in the case of arbitrations.
(g) Form and Effects of Award. The arbitrator shall render a naked award. Judgment on any arbitral award under this Agreement may be entered in any court of competent jurisdiction. It is the intent of the parties that neither the award nor any resulting judgment have res judicata (claim preclusion) or collateral estoppel (issue preclusion) effects except as between the parties themselves.
(h) Governing Law. The arbitration undertaking in this Agreement shall be governed by, construed, and interpreted in accordance with the Federal Arbitration Act, 9 U.S.C. ߬ 1 et seq. and, in the case of arbitrations involving one or more non-U.S. parties, by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the U.S. legislation implementing the same, 9 U.S.C. ߬ 201 et seq. To the extent that the Arbitration provisions of this Agreement do not apply, the federal and state courts sitting in Chicago, Illinois shall have exclusive jurisdiction and venue to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of the courts of Illinois and service of process being effected by registered U.S. mail or by private delivery service providing proof of delivery, sent to the party being served.
All other provisions of this Agreement shall be governed by and construed and interpreted in accordance with the internal laws of the State of Illinois, USA, without regard to conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.

18. Survival

In the event of any termination, expiration, or cancellation, the restrictions on your Use of the Software and the other applicable restrictions as set forth in Section 4 (Lawful Use), Section 7 (No Transfers or Modifications by You), Section 13 (Warranties), Section 14 (Limitation of Liability), Section 15, (Indemnification), Section 16 (Trademarks, Service Marks, and Other Intellectual Property), Section 17 (Dispute Resolution, Governing Law, Venue), Section 18 (Survival), Section 19 (Notice), Section 21 (Limitation on Actions), and Section 23 (Miscellaneous) shall survive such termination, expiration, or cancellation, and you agree to remain bound by those terms.

19. Notice

The Coloring Room may make changes to the Web site, information contained therein, software, documents, publications, prices, technical specifications, service offerings and any other information and materials within the Web site at any time and without prior notice.

20. Entire Agreement; Applicability of Terms; Construction; Limit to Modifications; Conflicts in Terms

These Terms and Conditions of Use (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between The Coloring Room and you regarding The Coloring Room Products or Services, and supersedes all prior agreements between you and The Coloring Room regarding the subject matters hereof.

Any item or service furnished by The Coloring Room in furtherance of these Terms and Conditions of Use, although not specifically identified in them, shall nevertheless be covered by these Terms and Conditions of Use unless specifically covered by some other agreement entered into in written or electronic form between you and us.

Any modification or change in these Terms and Conditions of Use proposed or offered by you shall not become a part of these Terms and Conditions of Use unless accepted in a writing dated after the effective date of the applicable Terms and Conditions of Use and signed by an authorized officer of The Coloring Room.

Should there be any conflict in terms between this Agreement and any other document, the terms and conditions set forth in this Agreement shall govern.

Any references that are singular or plural and any references that are masculine, feminine, or neuter in gender, are meant to be used interchangeably as the context of the sentence might imply.

21. Limitation on Actions

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law must be commenced within one year after the cause of action accrues.

22. Copyright Infringement Notification

As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding Web sites hosted by The Coloring Room: Customersupport@HDSafeDeposit.com

If you believe content hosted by The Coloring Room infringes a copyright, please provide the following information to the person identified above (17 U.S.C. 512): (i) A physical or electronic signature of the copyright owner or authorized agent; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address); (v) A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

23. Miscellaneous

You agree to reimburse The Coloring Room for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by The Coloring Room.

The Coloring Room is not responsible for misprints, errors or omissions in its advertising and promotional materials.

If you have designated a person (whether by email, orally, by registering such person with The Coloring Room, or by granting such person access to your username and password) to have access to your Backup Data, in the possession or control of The Coloring Room, you hereby grant The Coloring Room the right to give that person access to your Backup Data, including without limitation in the event of your death or incapacity

24. Severability

This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.

25. Billing Process

When we receive your request for data backup and your hard drive(s) arrives at our facility, we will create an invoice and email it to the email address associated with your account. We also normally enclose a copy of the invoice in the return package (your new LTO, catalog file and hard drive). Should you not want the invoice included in the packaging, please notify us when placing your order. Payment is expected within 14 business days.

26. Billing Issues

You must notify us about any billing problems or discrepancies within sixty (60) days after they first appear on the statement you receive from your bank or credit card company or other billing company. Send such notification to us at 3s101 Sequoia Drive, Glen Ellyn, IL 60137. If you do not bring such problems or discrepancies to our attention within that sixty (60) day period, you agree that you waive the right to dispute such problems or discrepancies.