FLASHBRIEF, LLC. TERMS AND CONDITIONS OF SERVICE

I. User Terms and Conditions for FLASHbrief, LLC. Service

1.1 Contractual Agreement to FLASHbrief Terms and Conditions

II. User Responsibilities

2.1 User Eligibility

2.2 Registration Information

2.3 Piracy

2.4 Closing Your Account/Discontinuing Software Use

2.5 Assignability

2.6 Indemnification

2.7 Choice of Law

2.8 Arbitration

III. Billing Information

3.1 FLASHbrief Billing Protocols

IV. Free Trial Satisfaction Guarantee

4.1 Terms and Conditions of the FLASHbrief Free Trial

V. Rights and Obligations

5.1. Privacy

5.2 Termination

5.3 Trademarks

VI. Electronic Communications

6.1 FLASHbrief Electronic Communications

6.2 Advertisements

6.3 Correct E-mail

6.4 No Framing

6.5 Passwords

6.6 Hacking

VII. Disclaimers

7.1 User Verification

7.2 Security Features

7.3 Monitoring

7.4 Modifications

7.5 Interruption of Service

7.6 Disclaimer of Warranty

VIII. Resolution

8.1 Error Resolution Protocol

IX. Miscellaneous

9.1 FLASHbrief Licensing:

9.2 Termination

9.3 What Constitutes a Business Day?

9.4 Non-U.S. and U.S. Territory Availability

I. User Terms and Conditions for FLASHbrief, LLC. Service

1.1. Contractual Agreement to FLASHbrief Terms and Conditions:

This Terms and Conditions User Agreement ("Agreement" or "User Agreement") is a contract between you and FLASHbrief, LLC. This contract applies to your collective uses of any and all entities of the FLASHbrief domain, products, and/or services including the: (a) website, (b) use of online FLASHbrief account, (c) FLASHbrief Version 2.0 Software, and (d) the use of any FLASHbrief related products and/or services. Items "a" through "d" shall be collectively referred to throughout this Agreement as the FLASHbrief "Service".

This Agreement affects your rights, and we encourage you to review this contract carefully. After reviewing this contract you should then print or save the document to your hard drive for future reference(s). For additional information about the FLASHbrief Software, and how it works, please visit the "Need to Know" pages of the FLASHbrief web site at FLASHbrief.com.

In this Agreement, "you", "your", "end user" or "user" refers to any person or entity using any of the above referenced entities of FLASHbrief, LLC including Officials and/or authorized representative persons of a governing entity and/or users of the software in the FLASHbrief Notification zones. Unless otherwise stated, "FLASHbrief," "we" or "our" will refer collectively to FLASHbrief, LLC and its subsidiaries, affiliates, directors, investors, officers, employees, agents and contractors.

By entrance of "personally identifiable information," by logging into your account as an Official, or by downloading of any FLASHbrief Software you agree to the terms and conditions of this Agreement, the FLASHbrief Privacy Policy, and any documents incorporated by reference. You further agree that this User Agreement forms a legally binding contract between you and FLASHbrief, and that this Agreement constitutes "a written contract signed by you" under any applicable law or regulation. Additionally, any rights not expressly granted herein are reserved by FLASHbrief, LLC.

II. User Responsibilities

2.1 User Eligibility:

You must be an authorized employee in order to register for the "Online Alert Center Access", or municipal resident who downloaded the FLASHbrief Software, and use or view any FLASHbrief software, must be at least 18 years of age or have parental consent to do so. FLASHbrief, at its sole discretion, reserves the right to determine eligibility for Service.

2.2 Registration Information:

You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, FLASHbrief has the right to restrict access to an individual's online "Alert Center Access" account, and/or to disable your software. If FLASHbrief has reason to suspect that any registration information has been falsified, FLASHbrief reserves the right to suspend and/or terminate your account pending investigation at its own discretion.

2.3 Piracy:

You do not have the right to copy, pirate, reverse-engineer, or take part in the theft of any entities from FLASHbrief's software, web-site, or any other platform which is of relevance to FLASHbrief, LLC. FLASHbrief's writers, programmers, investors, sales and marketing agents, will have the right to recover from you any costs or losses incurred as a direct or indirect result of software, copy-write, or any other form of theft from FLASHbrief's generated content.

2.4 Closing Your Account/Discontinuing Software Use:

Officials may close their account at any time by phoning our call center at 800-920-6431, by sending an email to info@FLASHbrief.com with the subject "Close Account", or by contacting us via other links found on the contact page of the FLASHbrief website. End Users may uninstall the FLASHbrief Software at anytime.

2.5 Assign-ability:

You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of FLASHbrief. FLASHbrief reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

2.6 Indemnification:

You agree to indemnify and hold FLASHbrief, its affiliates, investors, officers, directors, employees, and contractors harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of our website, an online "Alert Panel Access" account, FLASHbrief Software, other software, emails, notifications, or any other variety of use or communication affiliated with FLASHbrief.

2.7 Choice of Law:

This Agreement is governed by and interpreted under the laws of the state of Florida, USA as such laws are applied to agreements entered into and to be performed entirely within Florida by Florida residents.

2.8 Arbitration:

Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orlando, Florida, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or FLASHbrief may seek any interim or preliminary relief from a court of competent jurisdiction in Orlando, Florida, USA necessary to protect the rights or property of you or FLASHbrief, LLC (or its writers, programmers, investors, sales and marketing department, employees, and contractors) pending the completion of arbitration.

III. Billing Information

3.1 FLASHbrief Billing Protocols:

FLASHbrief conducts business only with reputable, prominent, and well-established banking companies. All initial FLASHbrief payments are made via Purchase Order only. Subsequent Monthly Recurring Charges are processed electronically via the latest secure transmission technologies. In order to process monthly recurring service charges, it is necessary that FLASHbrief electronically store information required to successfully complete the payment process with banking institutions. Typical information saved during such transactions includes transaction status, payment confirmation, your name, payment date and payment amount, and the products and/or services obtained from FLASHbrief, LLC. FLASHbrief employs various precautions to safeguard your personal information against loss, theft, misuse, unauthorized access, alteration to, or disclosure and/or destruction of personal data. FLASHbrief uses advanced, multi-layer fire-walling, and both remote and on-site supervision by network administrators and technicians. FLASHbrief also protects personal information via physical measures such as the housing for the servers on the site and all of its databases are physically protected at a secure location behind magnetically-imprinted security card access doors, guarded by a sophisticated alarm system, and monitored 24/7. No member outside of the IT department has physical access to the data center.

IV. Free Trial

4.1 Terms and Conditions of the FLASHbrief Free Trial:

A qualified Official representing each entity in the United States will be entitled to a fifteen (15) day Free Trial in order to provide a live opportunity to experience using the software and to evaluate its potential usefulness to public safety. After the fifteen (15) day Free Trial, an Official’s access to their online "Alert Panel Access" account will be terminated, and any associated "FLASHbrief Software will cease to function in relation to it. At this point, the user will have no further financial, critical, or any other form of obligation to FLASHbrief, LLC.

V. Rights and Obligations

5.1 Privacy:

We take the privacy of your personal information very seriously at FLASHbrief. We have developed a separate Privacy Policy, and ask you to review the Privacy Policy page of our web site at FLASHbrief.com for more information on this topic.

5.2 Termination:

FLASHbrief, in its sole discretion and including but not limited to a violation of this Agreement, reserves the right to terminate this Agreement, access to its websites, or access to the Service for any reason and at any time upon notice to you.

5.3 Trademarks:

FLASHbrief.com, FLASHbrief software, and all related logos, products and services described within the aforementioned website are either trademarks or registered trademarks of FLASHbrief, LLC or its licensors. Aside from the circumstances described in "Use of Logos" below; may not be copied, imitated or used, in whole or in part, without the prior written permission of FLASHbrief. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of FLASHbrief also may not be copied, imitated, or used, in whole or in part, without the prior written permission of FLASHbrief. Logos authorized for use on third party sites or other material may not be altered, modified, or changed in any way, or used in a manner that is disparaging to FLASHbrief products, software, or service. Logos may not be displayed in any manner that implies sponsorship or endorsement by FLASHbrief. or online Alert Panel Access, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

VI. Electronic Communications.

6.1 FLASHbrief Electronic Communications:

To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the software, website, or any other entity of FLASHbrief, may be provided to you electronically and you agree to receive all Communications from FLASHbrief in electronic form. Electronic Communications may be posted on the pages within the FLASHbrief website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. FLASHbrief reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying FLASHbrief of your decision to do so by contacting us through this form or by telephoning customer service. If you revoke your consent to receive communications electronically, FLASHbrief has the right to terminate your right to use the service.

6.2 Advertisements:

In specifically non-emergency related popup alert messages, FLASHbrief reserves the right to embed certain commercial information of its choosing in the form of clickable advertisements in non-prominent areas of alert windows, and may be seen incidentally during the normal functioning of FLASHbrief software use.

6.3 Correct E-mail:

You agree and warrant that you have access to the internet and to a current functional Authorized Official and/or personal e-mail address. Although we will take reasonable steps to contact you based on information that you have provided us, FLASHbrief will not be liable for any undelivered e-mail communications or any costs you incur for maintaining internet access and an e-mail account. Authorized Officials have an AFFIRMATIVE OBLIGATION to provide FLASHbrief with a correct and operational e-mail address, and to notify FLASHbrief promptly as to any changes or cancellations of any and all e-mail addresses they provide FLASHbrief.

6.4 No Framing:

FLASHbrief members are warned never to enter their FLASHbrief account password into any page who's URL does not begin with https://www.FLASHbrief.com. "Framing," is a malicious practice where a 3rd party site displays a portion of, for example, the FLASHbrief website inside a webpage whose URL is not https://www.FLASHbrief.com. FLASHbrief encourages you to be sure to always check the URL in your address bar to avoid falling prey to such practices.

6.5 Passwords:

It is absolutely critical that Authorized Officials not reveal their account passwords to anyone else, nor is anyone permitted to use a password not specifically created for their account. FLASHbrief is not responsible for account name and password information obtained from your home computer, business computer, address book, web mail account, cell phone, PDA, or any other potentially insecure method of storing passwords. Whether the disclosure of user name and password information be intentional or unintentional on the part of the User, FLASHbrief will not be held responsible for damages incurred by a Authorized Officials' use or misuse of passwords. To protect yourself from losses, you should not reveal your user name, password, or any other access device, convention or method to any person not authorized by you. Do not write your login information on any item kept with your access devices; and never leave a computer terminal unattended after you have logged in using your Password or other Access Device. Failing to comply with this policy could result in the theft or loss of information in reference to your FLASHbrief account. FLASHbrief is not responsible for theft of any such information while using the FLASHbrief Software, and safe-guarding a terminal using the FLASHbrief Software is the personal responsibility of the user. If any changes to a login's access are needed it is the responsibility of the Primary Login to change passwords or contact information. These changes can be made by phoning FLASHbrief at 800-920-6431. If any unauthorized activity takes place because of access granted to a Secondary Login (i.e., a User you have supplied with your Access Information), the Primary Login is responsible for changes to your profile and possible unauthorized notifications that may be maliciously transmitted on your part, either intentionally or by mistake. By accepting this User Agreement and having knowledge of this Permission Levels Notice, YOU AFFIRMATIVELY AGREE TO HOLD FLASHBRIEF HARMLESS FROM ANY LOSSES OR OTHER DAMAGE WHATSOEVER INCURRED AS A DIRECT OR INDIRECT CONSEQUENCE OF ACCESS TO YOUR ACCOUNT BY OTHER LOGINS AND YOU AGREE TO INDEMNIFY FLASHBRIEF FOR ANY HARM THAT ARISES AS A DIRECT OR INDIRECT CONSEQUENCE OF YOUR USAGE OF THIS FEATURE.

6.6 Hacking:

If you use, or attempt to harm FLASHbrief entities in any way, including but not limited to: interference, hacking, adapting or otherwise altering the safety, security, and functionality of the software and/or website, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

VII. Disclaimers

7.1 User Verification:

Verification of Users is only an indication of increased likelihood that a User's identity is correct. FLASHbrief shall not be responsible for any identity theft, fraud, deception or misrepresentations by Users, whether or not the User is verified by an Account Authorization Specialist. However, FLASHbrief promises due diligence in verifying Authorized Official authorization and will seek to assist Users who may be the victims of fraud if they report the problem promptly. Assistance can be rendered at the discretion of FLASHbrief and can include but not be limited to, disabling fraudulent or compromised accounts, providing new online "Alert Panel Access" accounts with access, and/or undertaking its own investigation into the matter. FLASHbrief will not have any liability in connection with any unauthorized interception or use of data relating to you or the FLASHbrief service; any inability by you to use or access the service or the FLASHbrief website for any reason; any actions or transactions by an individual that uses your user name and password with your consent or knowledge; or any cause over which FLASHbrief, LLC does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or internet service providers.

In no event shall FLASHbrief be liable (A) for damages caused by intentional user misconduct or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Service or the FLASHbrief website, even if FLASHbrief, LLC has been advised of the possibility of such damages.

7.2 Security Features:

FLASHbrief strongly suggests that you use a web browser with 128-bit encryption. However, regardless of whether you use a web browser with security features, FLASHbrief is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties. FLASHbrief employs various precautions to safeguard your personal information against loss, theft, misuse, unauthorized access, alteration to, or disclosure and/or destruction of personal data.

Some of these precautions include advanced, multi-layer fire-walling and both remote and on-site supervision by network administrators and technicians. FLASHbrief also protects personal information via physical measures. The servers housing the site and all of its databases are physically protected at a secure location behind magnetically-imprinted security card access doors, guarded by a sophisticated alarm system, and monitored 24/7. No member outside of the IT department has physical access to the data center. FLASHbrief's proprietary software located at FLASHbrief.com uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is required.

To log onto your online "Alert Panel Access" account from FLASHbrief.com, you must use an SSL-enabled browser such as Firefox, Safari, Netscape Navigator 3.0 or later, or Internet Explorer. Doing so protects the confidentiality of your online "Alert Panel Access" account user name and password while it's transmitted over the Internet.

7.3 Monitoring

FLASHbrief shall have the right, without obligation, to monitor traffic and content on its network, at its sole discretion, through the use of automated content filters, log review and other measures.

FLASHbrief shall have the right to automatically receive and record information from your browser in our server logs and visitor tracking systems, including your IP address, your computer name, the type and version of your web browser, referrer addresses and other commonly collected and generally-accepted, logged browser-session information. We may also record page views (hit counts) and other general statistical and tracking information to assist us with research and analysis to help improve FLASHbrief's web-based services. FLASHbrief, LLC may use anonymous information to further improve our website and services, monitor traffic and general usage patterns, and also for other general business purposes.

7.4 Modifications

FLASHbrief shall have the right, without obligation, to perform periodic modifications to its Service, run maintenance checks and updates to ensure proper functionality of our systems. Further, FLASHbrief reserves the right to perform periodic updates to its software and hardware-based systems in order to benefit the quality of service provided to the End User. If, during the course of any of these periodic modifications and/or upgrades, should any service interruption occur, that the User may not find FLASHbrief liable for any losses or damages that may ensue said updates or upgrades.

This Terms and Conditions Agreement is subject to change by FLASHbrief without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the FLASHbrief website. Notice of material amendments to this Agreement will be prominently posted in advance on the FLASHbrief website, described in detail under the "Updates" section of this Terms & Conditions page, or submitted as an electronic notification sent to the e-mail address you provided when signing up for any FLASHbrief Service. While we may attempt to or alternately email you a copy of our updated policy, FLASHbrief will not be held accountable for failure to deliver such notices, and action may not be taken against FLASHbrief if there is evidence that a user has falsified information in any and all correspondence with or in between themselves and any entity of FLASHbrief, LLC. FLASHbrief is not legally obligated to notify users of any changes, updates, notifications, or correspondences with any users of any FLASHbrief entity, and when communicating with users, it is at FLASHbrief's discretion if it will do so.

Customer's continued use of the FLASHbrief website, online "Alert Panel Access" account, "FLASHbrief Software", or any other service after such notice shall constitute a customer's acceptance of such changes to these "Terms & Conditions".

7.5 Interruption of Service:

Should any service interruption occur as a result of any FLASHbrief Service upgrade, update, or other modification, the User may not find FLASHbrief liable for any losses or damages that may ensue. Additionally, in no event shall FLASHbrief, LLC. be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

7.6 Disclaimer of Warranty:

You assume total responsibility and agree that the use of the FLASHbrief Software, online "Alert Panel Access" account, online demo, website, or any other entity of FLASHbrief, is at your own risk. FLASHbrief exercises no control over and has no responsibility whatsoever for any content, notifications, or communications transmitted through the FLASHbrief, software, website, or any other entity therein. FLASHbrief expressly disclaims any responsibility for such content or actions. The service and related equipment and/or other materials used in connection with FLASHbrief service, if any, are provided without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or system compatibility. No advice or information given by FLASHbrief, its employees, affiliates, writers, contractors, or investors shall create any warranty.

FLASHbrief does not represent or warrant that the service will meet your requirements, prevent unauthorized access by third parties, be uninterrupted, secure or error free, or that any minimum transmission speed or port access is guaranteed at any time. In addition, you acknowledge and agree that transmissions over the internet may not be secure or error free, or that any minimum speed or port availability is guaranteed at any time. You also acknowledge that transmissions over the internet may not be secure, and agree that any material and/or data uploaded, downloaded, or otherwise obtained through the use of the service is done at your own discretion and risk. You will be solely responsible for any damage done to your computer system or loss of data that results from the uploading, downloading, or transmission of such materials and/or data. You agree that FLASHbrief's third party service providers do not make any warranties to you under this agreement, and FLASHbrief does not make any warranties on behalf of such service providers under these terms and conditions, expressed or implied, including, but not limited to, the implied warranties of non infringement, or system compatibility.

VIII. Error Resolution

8.1 Error Resolution Protocol:

It is very important that authorized Officials contact us at once if you believe your user ID or password has been compromised, leaving access to your account vulnerable. In case of identity theft or errors/questions about your account, you should notify FLASHbrief immediately. Telephone Customer Service at 800-920-6431 as soon as possible.

If you think your account has been altered with incorrect information, you must: 1) Tell us your name and primary email address; and 2) Describe the errors or changes in information, and explain as clearly as you can why you believe it is an error or change in information. If you contact us by telephone, and we cannot verify your identity, we will require that you send your complaint via fax or in writing within ten (10) business days. As soon as we can verify your identity as an authorized Official from your designated city, we will correct any error promptly. If we need more time, however, we may take up to forty-five (45) business days to thoroughly investigate the complaint or question.

IX. Miscellaneous

9.1 FLASHbrief Licensing:

"FLASHbrief Software" and the FLASHbrief online "Alert Panel Access" account are proprietary programs engineered by FLASHbrief for exclusive use as a mass alert notification system throughout cities in The United States of America. You do not at any time assume ownership of the software, but are granted a limited license of it during the time you remain an active client of FLASHbrief.

9.2 Termination:

We may terminate access to FLASHbrief software in whole or in part, without advance notice, due to payment processing failure, or as a security precaution to protect your personally identifiable information. If you or we cancel this Service Agreement, you agree that you no longer have the right to access our online system. Depending on the circumstances, we will attempt to give you prior notice, but this may not be possible in all cases. In case of any questions or concerns you may have about the "FLASHbrief Software", or your online "Alert Panel Access" account, telephone our customer service department at 800-920-6431, contact us via email at info@FLASHbrief.com, or write FLASHbrief, Attn: FLASHbrief Customer Service Department, 1417 North Semoran Blvd, Suite 207 Orlando, Florida 32807

9.3 What Constitutes a Business Day?

FLASHbrief's hours of operation are Monday through Friday, 9 a.m. to 5 p.m. (EST). Saturday and Sunday are not business days, nor are Federal Holidays. We will maintain a 24 Emergency Contact Line 365 days year, and it can be reached toll free at: 800-920-6431

9.4 Non-U.S. and U.S. Territory Availability:

The FLASHbrief Software is available only within the 50 states and the District of Columbia of the United States. In the future, FLASHbrief hopes to extend its services to places outside the U.S. and/or in U.S. territories, and maintains that end users may access the software (through their ISP) regardless of location anywhere throughout the world.

© 2008 FLASHbrief, LLC All rights reserved.

1417 North Semoran Blvd, Suite 207 Orlando, Florida 32807

tel: 1-800-920-6431 email: info@FLASHbrief.com