The pincushion.mobi Web site is provided by Higher Function, Inc.  By accessing this site you are agreeing to comply with and be bound by the following terms of service. If you do not agree to these terms, please cease accessing this Web site immediately. "Site" or "The Site" refer to the pincushion.mobi web site.  "We", "Us", "Higher Function", and "HFI" refer to Higher Function, Inc., a Delaware corporation.

1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Service Agreement ("Agreement") with respect to the Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

This Agreement governs your access to, and use of, the informational portion of the Site as well as the "Customer" portion of the Pincushion Web Application.  If you are a Pincushion-enabled business or agent thereof, certain portions of this Agreement are superseded by the provisions of your Pincushion License Agreement.

2. Copyright

The content, graphics, design, function, applications, and other matters related to the Site are protected under applicable copyrights, trademarks, patents, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site.  Some elements and content of the Site are copyrighted work of third parties.

3. Trademarks and Service Marks

Higher Function, Pincushion, Business to Social, B2S, Interest Engine, and others are trademarks, registered trademarks, service marks, or registered service marks of Higher Function, Inc. Other products, company names, and logos are trademarks or registered trademarks of their respective owners.

4. Patents

The Pincushion software and service are governed by pending and/or issued patents in the United States of America and other countries.

5. Limited License

You are granted a non-exclusive, non-transferable, revocable license (a) to access the Site in accordance with this Agreement; (b) to use the Site for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No version (electronic, print, or otherwise) of any part of the Site or its contents may be used in any litigation or arbitration matter whatsoever under any circumstances.

6. Restrictions and Prohibitions on Use

Excepting the express limited purposes outlined in Section 5, you may not copy, print, republish, display, transmit, sell, lease, store, distribute, loan, or otherwise make available all or any portion of the Site or its contents; create any compilations or derivative works of any or all of the Site or its contents; use any content or materials from the Site in a manner that may infringe any copyright, trademark, patent, intellectual or other property right; remove or obscure any copyright notice on the Site or its contents; remove, decompile, disassemble, reverse engineer, retrieve source code, network monitor, or otherwise attempt to determine the Site's architecture and internal function; access the site via forged, anonymized, misdirected, third-party-proxied, or otherwise obfuscated or obscured IP source address or network route; attempt to interfere with the Site's normal function or deny thrid parties access to the site; and use the Site or its contents in any manner that violates state or national laws.

7. Linking to The Site

You may link to the Site, provided that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site; your site and its contents do not engage in or promote illegal activities; and you remove links to the Site immediately upon request by us.

8. Errors, Corrections, and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

9. Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

Excepting the express limited purposes outlined in Section 5, third party content may not be duplicated or redistributed without the prior written permission of both Higher Function and the copyright holder.

10. Unlawful Activity.

We reserve the right to investigate complaints, reported, or detected violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, addresses, usage history, posted materials, IP addresses and traffic information.

11. Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

12. Nontransferable.

Your right to use the Site is not transferable or assignable.

13. Disclaimer.

THE SITE, ITS' CONTENT AND SERVICES ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS." ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 14(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

14. Limitation of Liability.

(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable therefrom, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance beyond the control of a Covered Party.

(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $50 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. A BUSINESS SERVICE AGREEMENT, PROPERLY EXECUTED BY AUTHORIZED AGENTS OF HIGHER FUNCTION, INC., IN CONJUNCTION WITH TIMELY PAYMENT OF SERVICE FEES MAY GRANT YOU ADDITIONAL RIGHTS.

15. Use of Information.

In compliance with the Children's Online Privacy Protection Act of 1998, Higher Function does not accept registrations from those under 13 years of age. By registering with Higher Function, you represent that you are at least 13 years old.

16. Third-Party Business Policies.

All rules, policies (including privacy policies) and operating procedures of third-party business will apply to your communications with that business. We are not responsible for information provided by you to Pincushion-enabled businesses. We and the businesses are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

17. Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

18. Links to other Web Sites.

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

19. Information and Press Releases.

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

20. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

21. Miscellaneous.

This Agreement shall be treated as though it were executed in Portland, Oregon, and shall be governed by and construed in accordance with the laws of the State of Oregon (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 13 and Section 14. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.

22. Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS applicable at the time the arbitration commences. The arbitration shall be conducted in San Francisco, California. Each party shall bear its own attorneys' fees. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

23. Termination.

You agree that Higher Function, in its sole discretion, may terminate your access to the Site, and remove and discard any content that you have provided, for any reason, including, without limitation, for lack of use or if Higher Function, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that of third-party businesses. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Higher Function may immediately deactivate or delete your account and all related information and files in your account and/or bard any further access to such files or the Site. Further, you agree that Higher Function shall not be liable to you or any third-party for any termination of your access to the Site.