General
CouponMountain, a wholly owned subsidiary of Mezi Media, Inc. (Mezi Media) provide you with access to this Web site and the services available on this Web site. Access to and use of the Services (defined below in the Section, Services) is governed by these Terms and Conditions (the "Agreement"). By accessing or using the Services, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms.

Services
The Services include SavingsMountain (located at www.SavingsMountain.com). The Services may also be located on third party web sites and/or applications. Our Services enable you to locate the latest online coupons available from leading merchants. We provide you with the latest available coupon listings which allow you, the user, to receive discounts on purchases at merchants for whom we have coupons.

The Services act as a system or venue to introduce you to sellers of goods or services online. Mezi Media uses reasonable efforts to ensure the availability of the information and content, including coupon codes and expiration dates, that it makes available through the Services. However, merchants have the ability to change or terminate their promotional offers at any time, including but not limited to, the coupon code and the expiration date. Since the Services are composed of content not offered by Mezi Media, Mezi Media does not control (i) the terms of the coupon or promotional offer made by the merchant; (ii) the availability or technical capabilities of the merchant Web sites or links to their Web sites; (iii) the quality, safety or legality of items available through or on merchant Web sites or sites of third parties not in privity of contract with Mezi Media, (iv) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (v) Mezi Media is not liable or responsible for content supplied by third parties, or for actions you might take in reliance on that content.

Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any merchant will sell any product or service for any purpose or price or on any specific terms. Mezi Media does not guarantee the price, terms, product, availability and/or services offered by any merchant.

For all of the Services, Mezi Media is not involved in any transactions between you and any of the merchants for whom we list coupons or promotional offers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers. If you have a dispute with one or more merchants, you agree to release and hereby release Mezi Media (and Mezi Media's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If applicable, you waive California Civil Code section 1542, which says:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Only Personal Use is Authorized
Under this Agreement, Mezi Media gives you permission to access and use the Services for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own Web site any portion of the Services or display through your own Web site any results pages or other information from the Services without Mezi Media's express permission.

The technology underlying, and content within, the Services is owned by Mezi Media and/or its licensors (including Mezi Media's merchants and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. That would not be a good thing. As between you and Mezi Media, Mezi Media owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.

Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. Mezi Media DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Mezi Media's Potential Liability for the Services is Limited
NEITHER Mezi Media NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. Mezi Media WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Mezi Media, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Defamation, Copyright and Trademark Claims
Mezi Media is a provider of an interactive computer services for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein.

Further, Mezi Media is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, Mezi Media has designated an agent to receive notifications of alleged copyright infringement on the Services:

Business and Legal Affairs
Mezi Media.com, Inc.
1585 E. Altadena Dr.
Altadena, CA 91001

E-Mail: bizdev@MeziMedia.com

In notifying Mezi Media of alleged copyright infringement, you must include the following information: A description of the copyrighted work that is the subject of claimed infringement A description of the infringing material and information sufficient to permit Mezi Media to locate the alleged material Contact information for you, including your address, telephone number and/or email address A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf

Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.

Mezi Media does not arbitrate or resolve trademark disputes among Mezi Media's advertisers or between those advertisers and third parties. However, Mezi Media will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue. Mezi Media occasionally receives requests to remove listings from within the Services. Mezi Media reserves the right to address such requests on a case-by-case basis.

Privacy and Data Collection
Mezi Media does not collect personally identifying information from users of the Services unless users have explicitly given such information to Mezi Media (for example, when subscribing to a newsletter or when sending us an email with a question or as part of a contest). Mezi Media's information practices are further described in its privacy policy. Mezi Media's privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. If you have entered into another agreement with Mezi Media (such as a Partner Agreement or an Merchant Agreement), then you may be subject to additional or different provisions regarding privacy and data collection. If you would like more information, please read our privacy policy.

You should consider any communication that you transmit to Mezi Media (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that Mezi Media will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.

Control over Features, Functions, and Access to the Services
Mezi Media reserves the right to change any information, features and functions of the Services without prior notice. Mezi Media may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Mezi Media determines, in its sole discretion, violate this Agreement, the rights of Mezi Media or any third party, or is otherwise inappropriate.

Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. Mezi Media's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Mezi Media may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, as necessary to protect the rights or property of you or Mezi Media.

Notice
You may direct any questions concerning this Agreement to:

Business and Legal Affairs
Mezi Media
103 E. Lemon Ave., Suite 200
Monrovia, CA 91016

E-Mail: bizdev@MeziMedia.com

Amendment
Mezi Media may amend this Agreement at any time by posting the amended terms on its Web site. Except as stated below, all amended terms are automatically effective 15 days after they are initially posted. This Agreement may not be otherwise amended except in a written document signed by you and Mezi Media.

This agreement was last revised on May 8, 2003.