1. AGREEMENT TO BE BOUND. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BERGMAN & ASSOCIATES ("BERGMAN") STATING THE TERMS THAT GOVERN YOUR USE OF THE SERVICES (THE "SERVICES") PROVIDED ON WWW.AtEaseWithTheMedia.COM (THE "SITE"), ACCESS TO THE RESTRICTED ACCESS PORTIONS OF THE SITE, AND USE OF THE RESTRICTED MATERIALS ON THE SITE. TO AGREE TO THESE TERMS, CLICK "AGREE", WHICH WILL CONSTITUTE YOUR AGREEMENT TO BE BOUND BY AND YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT AND WILL CREATE A BINDING CONTRACT BETWEEN YOU AND BERGMAN. IF YOU DO NOT AGREE TO THE TERMS OF THIS END-USER LICENSE AGREEMENT, PLEASE DO NOT CLICK "AGREE", DO NOT USE THE SERVICES AND DO NOT ACCESS THE RESTRICTED ACCESS PORTIONS OF THE SITE OR THE RESTRICTED MATERIALS. THIS AGREEMENT – TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, LICENSES AND ALL OF BERGMAN'S RULES AND POLICIES – COLLECTIVELY CONSTITUTES THE "AGREEMENT" BETWEEN YOU AND BERGMAN. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU. CHANGES, ADDITIONS OR DELETIONS ARE NOT ACCEPTABLE AND BERGMAN MAY REFUSE ACCESS TO THE SERVICES, RESTRICTED PORTIONS OF THE SITE, AND THE RESTRICTED CONTENT FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

2. AMENDMENTS & CHANGES. Bergman has the right at any time to change or discontinue any aspect of the Services, the restricted materials or the restricted portions of the Site, including the content, hours of availability, and equipment needed for access to or use of the Site, the Services and the restricted materials.

3. GRANT OF LICENSE. This Agreement grants a non-exclusive, non-transferable license to use the Services and restricted content as well as to view the restricted portions of the Site and the restricted materials, (including selected training modules) solely for your own personal training regarding interactions with the media. You may not show or demonstrate the audio-visual modules to anyone without express consent. Likewise, you may not share the At Ease With the Media booklet with anyone, in electronic or printed form, without Bergman’s express consent. You may share articles with your public relations counsel (either internal or external) if this aids their service to you. However, the Services, restricted portions and restricted materials are intended for use strictly as personal training and you shall not use the Services, restricted portions of the Site and restricted materials for any purpose other than as a personal learning aid.

4. USER AGREEMENT. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy (including downloads), reproduce, modify, create derivative works, distribute or publicly display any content from the Site without the prior expressed written permission of Bergman and any appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass measures we may use to prevent or restrict access to the Site and in particular to the restricted portions and restricted materials of the Site.

5. USER ID & USER PASSWORD. One unique User ID and Password is issued for your personal use ("Personal Access Code") or created by you. You may also have received an organizational access ID and Password ("Company Code"). Your Personal Access Code, and if applicable, your Company Code may not be shared. You are responsible for maintaining the confidentiality of your Personal Access Code, and if applicable, your Company Code. You are responsible for all uses of your account, whether or not authorized by you. You agree to notify Bergman, by this form immediately of any suspected or actual unauthorized use of your account.

6. PROPRIETARY RIGHTS. You acknowledge and agree that the Site contains information, text, software, photos, video, graphics, music, sounds and other material, including the restricted content and restricted materials in the restricted portions of the Site (called "Materials") that are protected by proprietary rights throughout the world, including but not limited to copyright, trademark rights and patent rights (called "Intellectual Property Rights"). These Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later. All right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to Bergman or its licensors.

Copyright law limits your right to make derivative works, reproduce, use, sell, transmit, publish, broadcast, download or otherwise copy, disseminate or distribute Materials from the Site to anyone, including but not limited to others in the same company, or other organization, whether or not for a charge or other consideration, including but not limited to use in connection with the sale, retransmission, distribution, publication, broadcasting, circulation or other dissemination, for any purpose, whether commercial or otherwise, without the express prior written permission of the copyright owner or Bergman.

The Materials, and all of the rights associated with the Materials are owned by Bergman, unless otherwise noted. The Materials are provided only under the license granted in Section 3 and subject to the terms and conditions of this Agreement, and Bergman reserves all rights not expressly granted to you in this Agreement.

You agree to indemnify, defend and hold harmless Bergman, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your misuse of the Services, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any Intellectual Property Rights or other right of any person or entity.

7. PROPRIETARY INFORMATION. The Materials include proprietary information. You shall safeguard proprietary information with respect to the Materials, and shall limit the use of such information to the exercise of the rights granted under this Agreement. You shall safeguard proprietary information with respect to the Materials in accordance with the practices and procedures and standards of care used to protect your own or your organization's proprietary information of like nature, but at a minimum you shall use due care in such safeguarding. Your obligations under this paragraph shall not apply to information which:

1. is released by Bergman to others without restriction,
2. is in the pubic domain,
3. is independently developed or is received from others, without reference to the Materials and without violation of this Agreement.

If proprietary information is disclosed inadvertently despite the exercise of the degree of care required under this paragraph, you will notify Bergman in writing and take all necessary actions, necessary to recover the disclosed proprietary information.

8. OTHER RESTRICTIONS. You may not rent or lease the Materials or rent or lease access to the Materials or the restricted portions of the Site.

9. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. You are responsible for obtaining and maintaining all networking, computer hardware and other equipment, and internet access needed for access to and use of the Site and all charges related thereto.

You expressly agree that the use of the Services and Materials is at your sole risk. Neither Bergman, its affiliates nor any of their respective directors, officers, employees, agents, third party content providers or licensors warrant that the Services and Materials will be uninterrupted or error free; nor do they make any warranty as to the accuracy, completeness or reliability of any information provided through the Site, or as to the results that may be obtained from use of the Services and Materials.

In no event will Bergman, or any person or entity involved in creating, producing or distributing the Services or Materials, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the Services or Materials. You hereby acknowledge that the provisions of this section shall apply to all use of the Services and Materials and other content on the Site. In no event shall Bergman's total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing the Services or Materials.

Links to information on sites other than those operated by, or on behalf of, Bergman are for your convenience only and are not an endorsement or recommendation of those sites. Bergman has no control over the operation of linked websites, and therefore has no responsibility for the content contained on any such website.

THE SERVICES AND MATERIALS ARE PROVIDED AS IS AND TO THE EXTENT PERMITTED BY LAW, BERGMAN DISCLAIMS ANY AND ALL WARRANTIES INCLUDING EXPRESS, IMPLIED, OR STATUTORY, AND ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NONINFRINGEMENT. TO THE EXTENT THAT THIRD PARTY PRODUCTS ARE PROVIDED, BERGMAN DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY AND YOUR ONLY WARRANTIES AND INDEMNITIES RELATED TO SUCH THIRD PARTY PRODUCT SHALL BE THOSE PROVIDED IN ANY THIRD PARTY LICENSE AGREEMENTS, IF ANY, BETWEEN YOU AND THE PROVIDER OF THE THIRD PARTY PRODUCT.

IN NO EVENT SHALL BERGMAN BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES AND/OR MATERIALS, EVEN IF BERGMAN HAS BEEN ADVISED OF THE POSSIBILITY FOR SUCH DAMAGES.

10. TERMINATION. If Bergman has knowledge of facts indicating that you are in breach of any obligations of this Agreement, notice shall be given to you requiring correction thereof within five days. Should you fail to make correction in the allotted time, Bergman may elect to terminate this Agreement by giving you at least five days written notice of termination. Notwithstanding the foregoing, if Bergman has knowledge of facts indicating that you are in breach of any obligations of this Agreement, Bergman may immediately revoke or cancel your Personal Access Code, and prevent you from accessing the Services and/or Materials.

11. MISCELLANEOUS. This Agreement constitutes the entire agreement between you and Bergman relating to the Services and Materials, is binding upon any successors and transferees and supersedes all prior or contemporaneous oral, or written communications, proposals and representations with respect to the Services and Materials or any other subject matter covered by this License Agreement. Any waiver of any provision of the Agreement will be effective only if in writing and signed by Bergman, and the written document must directly refer to you by name in order to supersede any terms stated herein.

This Agreement represents the entire agreement between Bergman and you with respect to the Services and/or Materials and access of the restricted portions of the Site. If any part of this Agreement is invalid, the rest of the Agreement will remain in effect. If Bergman waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your or Bergman's conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.

The Section headings appearing in this Agreement are inserted for convenience only and in no way define, limit, construe, or describe the scope or extent of such Section or in any way affect such Section.

This License Agreement will be construed and interpreted in accordance (1) for users located in the United States, with the laws of the State of Michigan, without giving effect to its conflict of laws provisions or your actual state or country of residence; (2) for all other users, with the laws of the Province of Ontario, Canada. If any provision of this License Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

You agree not to utilize the Services or Materials for any purpose which is contrary to the laws of any government having jurisdiction over you or Bergman.

This License Agreement shall be binding upon, and inure to the benefit of, the parties hereto, their respective successors and assigns; provided however, you may not assign this License Agreement without the prior written consent of Bergman.