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Terms and Conditions of Sale

SPOT ON IDEAS, INC.
Terms and Conditions of Sale

Please read the following terms and conditions ("Terms and Conditions") carefully. These Terms and Conditions apply to your order and purchase of each product and/or service from Spot On Ideas, Inc., a Washington corporation ("Company"). By placing any order and/or receiving delivery of any product or service from Company, you agree to be bound by the following Terms and Conditions:

(1) ORDERS. Orders are not binding upon Company until accepted by Company. Company reserves the right to refuse your order for any reason, including but not limited to the unavailability of a product or service and/or an error in the price or description of the product or service. Company's acceptance of your order is expressly conditioned upon your acceptance of these Terms and Conditions. Any additional or different terms or conditions contained in your order or in any other correspondence shall be deemed objected to by Company and shall be of no force or effect, unless such terms and conditions are specifically agreed to in writing by Company. By ordering a product or service from Company, you represent that you are 18 years of age or older.

(2) PRICES. Unless specifically agreed to in advance by Company, all prices shall be Company's list prices for the applicable product or service in effect at the time of Company's receipt of your order. Company reserves the right to change the prices and specifications of its products and services at any time without notice.

(3) PAYMENT TERMS. The total purchase price of your order is due and payable upon Company's acceptance of your order. All payments shall be made in U.S. funds. Permitted forms of payment shall be pursuant to Company's current policies at the time your order is received. Company does not guarantee the availability of a product or service by the time funds clear or payment is received. Company will charge a $25.00 fee on all returned checks. If Company is required to institute legal proceedings for the collection of any amount due, you shall reimburse Company for its reasonable costs and expenses, including but not limited to reasonable attorneys' fees in connection therewith.

(4) TAXES. You shall be responsible for and shall pay to Company the amount of any and all applicable sales, duties, or similar taxes imposed upon Company on account of the sale or transportation of any products or services.

(5) DELIVERY AND FORCE MAJEURE. Any and all shipping or delivery dates are estimates only, and Company in no way guarantees that a product or service will be shipped or delivered in accordance with such estimates. Without limiting the generality of the foregoing, Company may delay delivery of any product or service without any liability therefor as a result of any delay caused by events outside Company's reasonable control, including but not limited to work stoppages or other labor difficulties and inability to obtain necessary materials, components, labor, or manufacturing facilities, that would in any way impair Company's ability to deliver the product or service in the quantities ordered at the prices quoted.

(6) SHIPMENT AND TITLE. The term "shipment" means delivery of a product by Company to the initial freight carrier. Company may make partial shipments. All shipments shall be F.O.B. the factories or warehouses of Company. All freight and related charges and obligations shall be your responsibility and shall be added to the amounts due under your order. Title to the product, and risk of loss or damage to the product, shall pass to you immediately upon delivery of the product to the freight carrier.

(7) NO RETURNS, CANCELLATIONS, OR REFUNDS. ALL SALES OF COMPANY'S PRODUCTS AND SERVICES ARE FINAL. NO RETURNS, CANCELLATIONS, OR REFUNDS ARE PERMITTED UNLESS OTHERWISE AGREED BY COMPANY IN WRITING.

(8) DISCLAIMER OF ALL WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR ANY PRODUCTS OR SERVICES. FURTHER, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO ANY PRODUCTS OR SERVICES OR OTHERWISE. THE TOTAL LIABILITY OF COMPANY FOR ANY KIND OF LOSS, DAMAGE, OR LIABILITY ARISING UNDER OR RELATING TO ANY ORDER FOR PRODUCTS OR SERVICES OR OTHERWISE, UNDER ANY THEORY OF LIABILITY, SHALL BE LIMITED TO THE PURCHASE PRICE PAID FOR THE APPLICABLE PRODUCT OR SERVICE, IF ANY.

(9) CHANGES. Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of changes to these Terms and Conditions will be posted on Company's website at www.SpotOnIdeas.com.

(10) GOVERNING LAW; VENUE. THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS AND/OR ANY ORDER SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN KING COUNTY, WASHINGTON.

(11) ADDITIONAL TERMS. By placing any order and/or receiving delivery of any product or service from Company, you also agree to be bound by all applicable terms and conditions set forth anywhere on Company's website at www.SpotOnIdeas.com, including but not limited to Company's Website Terms of Use Agreement and Privacy Policy.

Last Updated: 3/2008