TERMS OF AGREEMENT

September 2, 2008

Welcome to the jjelliot.com web site (“Site”). Please note, if you purchase any Products, Services, Memberships or Subscriptions (collectively “Products and Services”) on this Site you hereby agree to this Terms of Sale Agreement (“Agreement”) as well as our Terms of Service and Privacy Policy. Please note, j.j. elliot, the company that owns and operates the Site (hereinafter “jje”), reserves the right to change this Agreement without notice to you so please be sure to check this Agreement prior to any purchase on the Site. The date of the current Agreement will always be included at the top of this page.

1. Personal Non-Commercial Use. All Products and Services you purchase on the Site are offered solely for your personal, non-commercial use. The delivery of any Products and Services to you does not transfer any commercial or promotional rights in the Products and Services. You may not resell, rent, lease or provide the Products or Services to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce (except for as otherwise provided for in the Terms of Service), or create new works from, any of the Products or Services in whole or in part. You are specifically prohibited from using any of the Products or Services to send commercial advertising or mass mailings of any kind. jje reserves the right to terminate your Personal Account for violation of any of these rules.

2. Site Operation. jje may change, suspend or discontinue any aspect of the Products and Services at any time, including the availability of any feature or content. jje may also impose limits on certain features and services or restrict your access to parts or all of the Product and Services without notice or liability.

3. Registration and Security.

(a) Registration. If you purchase any Products or Services on the Site you will be required to register and set up a personal account (“Personal Account”). You are responsible for the accuracy of the information included in your Personal Account. Your Personal Account will be protected in accordance with our Privacy Policy. You are responsible for: (1) keeping your Personal Account up to date and updating information as necessary; and (2) maintaining the confidentiality of your Personal Account including all registration information and any passwords assigned to you. You agree to accept responsibility for all activity that occurs on your Personal Account. You may not: (1) use an account of another person with the intent to impersonate that person; or (2) use an account to which another person has rights without such person's authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Personal Account.

(b) Unauthorized Use of Your Personal Account. You are responsible for all usage or activity on your Personal Account, including the use of the account by any third party authorized by you to use your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Personal Account and any Memberships and/or Subscriptions, at the sole discretion of jje. jje reserves the right to disclose any personal information included in your Personal Account or related to your use of the Site, Products and Services, to third parties in the course of investigating abuse of our Products and Services and to forward such information to appropriate law enforcement agencies.

(c) Notice of Unauthorized Use of Personal Account. You must notify jje of any known or suspected unauthorized use(s) of your Personal Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

(d) Children Under 18. If you are under the age of 18, you may only purchase Products or Services with the permission of a parent or guardian. jje reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion

4. Fees and Taxes.

(a) Fees. You are responsible to pay all fees and charges incurred through your purchase of any Products or Services at the rates in effect for the billing period in which such fees and charges are incurred. jje reserves the right in its sole discretion to bill fees and charges to any of the payment methods you have included in your Personal Account. Billing occurs at the time of purchase. jje does not provide price protection or refunds if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products and/or Services purchased on a non-Subscription basis (individual downloads, shipped products) and/or promotional offerings are non-refundable.

(b) Taxes. All purchases include applicable taxes in effect at the time of purchase. No customers are eligible for tax exemptions for purchases made on this Site.

5. Method of Payment.

(a) PayPal. jje exclusively uses PayPal as its payment merchant and you may use any form of payment acceptable to PayPal to complete your jje order.

(b) PayPal Disputes. Any disputes with PayPal regarding fees, funds availability or other payment issues are to be handled between you and PayPal. jje does not warrant PayPal by its use as a payment merchant.

6. Warranties. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JJE IS NOT RESPONSIBLE FOR ANY FAILURE OF THE PRODUCTS AND SERVICES. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. JJE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE PRODUCTS, SERVICES AND/OR SITE.

7. Miscellaneous.

(a) Choice of Law and Enforcement. This Agreement applies to all purchases of Products and Services and is governed by and construed in accordance with the laws of the State of Texas. Any dispute arising between you and jje will be submitted to binding arbitration in Austin, Texas in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes, provided that no disputes may be arbitrated on a collective or class action basis. If any portion of this Agreement is deemed invalid or unenforceable that portion will be deemed severable and will not affect the validity or enforceability of this Agreement.

(b) jje Communication. jje reserves the right to send you electronic mail regarding billing, administrative, or legal matters relating to the purchase of Products and Services.

(c) Customer Support. If you have any questions regarding this Agreement, you may call us at 214-457-9581 between the hours of 10:00 a.m. and 6:00 p.m. EST Monday through Friday, or you can reach us via email at info@jjelliot.com.

©2008 j.j. elliot All Rights Reserved.