Ongo Terms of Use 

January 1, 2011

Welcome, and thank you for your interest in the Ongo website (the "Site") and related mobile applications and software (collectively with the Site, the "Service"). Ongo Inc. ("Ongo") and The New York Times Company, The Washington Post Company, and Gannett Co., Inc. (collectively, the "Providers") are pleased to offer you access to the Service according to the terms below. The following terms, including the Guidelines (as defined below), and any future modifications (collectively, the "Terms") form an agreement between you, Ongo and the Providers.

PLEASE READ CAREFULLY THE FOLLOWING AGREEMENT. BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SITE OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE SITE OR THE SERVICE.

1. Eligibility; Registration Information and Password; Service Access.
   1. THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE OR THE SERVICE BY ONGO. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE OR THE SERVICE.
   2. If you are using or opening an account on the Site or the Service on behalf of a company, entity, or organization (a "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
   3. You agree that the information you provide to Ongo on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. As you will be responsible for all activities that occur under your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
   4. Subject to your compliance with these Terms, Ongo grants you permission to use the Service as set forth in these Terms, and consistent with the intended features of the Service.
2. Content Rights. The content available on or through the Service is intended for personal, non-commercial use. All such content, including without limitation articles, stories, photographs, pictures, images, audiovisual works (collectively, the "Content"), are owned or controlled by Ongo or Ongo's licensors and are protected by copyright and other intellectual property laws. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the Service or as otherwise permitted by applicable law.
3. Prohibited Conduct.BY USING THE SERVICE YOU PROMISE NOT TO:
   1. Distribute or upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
   2. Harass, threaten, or defraud other Service users;
   3. Upload or send to other Service users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
   4. Make unsolicited offers, advertisements, proposals, or send junk mail to other users;
   5. Impersonate another person or access another user's account without that person's permission;
   6. Share Ongo-issued passwords with any third party or encourage any other user to do so;
   7. Misrepresent the source, identity, or content of information transmitted via the Service;
   8. Use the Service for any illegal purpose or in any illegal manner; or
   9. Upload any executable code, scripts or other data which alters the function, display or content of computer systems or data of Ongo, its licensors or other users of the Service.
4. Fees
   1. Payment. You agree to pay to Ongo all fees for subscriptions and/or services purchased on or through the Service under your account at the then-current rates for such subscriptions and/or services (including any applicable taxes). Ongo will bill charges through the payment method specified in your account (e.g. credit card or PayPal account). Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges for subscriptions and/or services, or add new fees or charges, at any time. For any change in fees or charges for renewal of a subscription and/or service purchased under your account, we will send you a notice of such change in advance of renewal (via a message on or through the Service or email).
   2. Renewal. Each of your subscriptions and/or services will automatically renew unless Ongo terminates such subscription or service or you cancel such subscription or service by removing it from your account. You must cancel a subscription or service prior to renewal to avoid incurring fees for the renewal term.
5. User Submissions.
   1. General. The Service provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation text, photographs, pictures, images or any other content submitted by you and other users on or through the Service ("User Submissions"). User Submissions are displayed for informational purposes only and are not controlled by Ongo. Ongo does not guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you post to or through the Service. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Ongo, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Service.
   2. Right to Remove or Edit User Submissions. Ongo makes no representations that it will publish or make available on the Service any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Service, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Ongo complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see the "Digital Millennium Copyright Act" section below).
   3. License Grant by You to Ongo. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Ongo, you hereby grant Ongo and its affiliates, sublicensees, partners, designees, and assignees of the Service (collectively, the "Ongo Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Service and Ongo's (and its successors') business, including without limitation for marketing, promoting, and redistributing part or all of the Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
   4. User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Ongo to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Ongo and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Ongo's or any Ongo Licensee's use of such User Submissions pursuant to these Terms, and Ongo's or any of Ongo Licensee's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
   5. Inaccurate or Offensive User Submissions. You understand that when using the Service, you may be exposed to User Submissions from a variety of sources and that Ongo does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST ONGO WITH RESPECT THERETO.
   6. Feedback. If you provide Ongo with any comments, bug reports, feedback, or modifications proposed or suggested by you for the Service ("Feedback"), Ongo shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Service. You hereby grant Ongo a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
6. Privacy. Your privacy is important to Ongo and the Providers. The Ongo Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Ongo's collection, use, and disclosure of your personal information.
7. Additional Terms. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
8. Modification of the Terms. Ongo reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective 30 days after they are initially posted on or through the Service. In the event that such modifications materially alter your rights or obligations hereunder, such modified Terms will become effective upon the earlier of (i) your continued use of the Service with actual knowledge of such modified Terms, or (ii) 30 days from publication of such modified Terms on or through the Service.
9. Prohibited Uses.
   1. Access to the Service from territories where its contents are illegal is prohibited. Those who choose to access the Service do so at their own initiative and are responsible for compliance with all local rules including without limitation rules about the internet, data, email, or privacy.
   2. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, or any part of the Service, other accounts, computer systems or networks connected to the Service, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on or through the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree neither to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
   3. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site or the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.
10. Termination.
    1. By Ongo. You agree that Ongo, in its sole discretion and for any or no reason, may terminate these Terms, any account (or any part thereof) you may have with Ongo or your use of the Service and remove and discard all or any part of your account or any content uploaded by you, at any time. Ongo may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of these Terms, your access to the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Ongo will not be liable to you or any third party for any such termination except as described in these Terms. Provided that you have complied with all the terms and conditions of these Terms, upon Ongo's termination of these Terms or your account, Ongo will refund any prepaid fees for subscriptions and/or services that have not yet been provided. Ongo does not permit copyright infringing activities on or through the Service or otherwise and reserves the right to terminate access to the Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Ongo may have at law or in equity.
    2. By You. You may terminate your account, these Terms and your right to use the Service at any time and for any reason or no reason, by contacting Ongo user support at support@ongo.com. If you terminate these Terms or your account, you will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the Service incurred before termination.
    3. Survival. Sections 3 through 5 and 7 through 21 will survive any termination of these Terms.
11. Ownership. The Site and the Service are owned and operated by Ongo. The visual interfaces, graphics, design, compilation, systems, methods, information, computer code, products, software, services, and all other elements of the Service provided by Ongo ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content posted by you, all Materials contained in the Service are the copyrighted property of Ongo, the Providers or Ongo's subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Ongo, the Providers or Ongo's affiliates and/or third-party licensors. Except as expressly authorized by Ongo, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
12. Third-Party Sites, Products and Services; Links.
    1. The Service may include links to other websites or services ("Linked Sites") solely as a convenience to users. Ongo does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Ongo makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
    2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. YOU AGREE THAT ONGO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
13. Notice Except as explicitly stated otherwise, legal notices will be served, with respect to Ongo and the Providers, to 20823 Stevens Creek Blvd., Suite 100, Cupertino, CA 95014, and, with respect to you, to the email address you provide to Ongo during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process, if any. In such case, notice will be deemed given three days after the date of mailing.
14. User Disagreements You alone are responsible for your involvement with other users. Ongo reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release Ongo (and Ongo's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
15. Disclaimers; No Warranties.
    1. UNLESS OTHERWISE EXPRESSLY STATED BY ONGO, THE SITE, THE SERVICE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONGO, THE PROVIDERS, AND ONGO'S SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
    2. UNLESS OTHERWISE EXPRESSLY STATED BY ONGO, ONGO, THE PROVIDERS, AND ONGO'S SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE SITE, THE SERVICE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVICE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    3. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. Indemnification; Hold Harmless. You agree to indemnify and hold harmless Ongo, its affiliated companies, its suppliers and partners, and the Providers from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Ongo and the Providers reserve the right, at their own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Ongo and/or the Providers, and you agree to cooperate with such defense of these claims.
17. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
18. Limitation of Liability and Damages.
    1. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ONGO, THE PROVIDERS, OR ONGO'S AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE OR THE SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SERVICE, OR ANY OTHER INTERACTIONS WITH ONGO, EVEN IF ONGO OR A ONGO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ONGO'S AND THE PROVIDERS' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    2. IN NO EVENT WILL ONGO, THE PROVIDERS OR ONGO'S AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE).
19. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at the Service;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ongo to locate the material;
    4. Information reasonably sufficient to permit Ongo to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement that the complaining party 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
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

       Ongo's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

       Copyright Agent
       20823 Stevens Creek Blvd., Suite 100
       Cupertino, CA 95014
       or by email at dmca@ongo.com

       For the avoidance of doubt, only DMCA notices should go to Ongo's Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Ongo customer service through support@ongo.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

20. Dispute Resolution.
    1. General. Generally, if a dispute arises between you, Ongo and the Providers, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you, Ongo and the Providers agree that the parties will resolve any claim or controversy at law or equity that arises out of these Terms or the Service (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
    2. Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Ongo and/or the Providers must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
    3. Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
21. Miscellaneous.
    1. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
    2. Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Ongo and the Providers without restriction.
    3. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
    4. Entire Agreement. This is the entire agreement between you and Ongo and the Providers relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Ongo as set forth in Section 8 above.
    5. Claims. YOU, ONGO AND THE PROVIDERS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    6. Disclosures. The services hereunder are offered by Ongo Inc., located at: 20823 Stevens Creek Blvd., Suite 100, Cupertino, CA 95014, and email: info@ongo.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.