1. Scope of Agreement. This Agreement is between You (“You” or “Your”) and iTRAIN. This Agreement governs Your access to and use of the Site, which includes all software, HTML and other code, and scripts running or forming a part of the Site (collectively, the “Code”), and all information and data that is part of the Site, including all text, graphics, photos, illustrations, images, training sessions, and audio and audio-visual files (collectively, the “Content”). In addition to complying with the terms and conditions of this Agreement, You agree to comply with the Terms of Sale that govern Your purchase of any downloadable audio or audio-visual files (the “Files”) or other products or services from iTRAIN (available on the Site, at http://www.iTRAIN.com/TermsOfSale.php) (the “Terms of Sale”), and with all additional terms and conditions governing access to and use of specific areas of the Site set forth elsewhere on the Site (collectively, “Additional Terms”). The Terms of Sale, any Additional Terms, and iTRAIN’s Privacy Policy (available on the Site at http://www.iTRAIN.com/PrivacyPolicy.php) (the “Privacy Policy”) are incorporated into and made a part of this Agreement. References to this Agreement include the Terms of Sale, any Additional Terms, and the Privacy Policy.

2. Binding Agreement.

(a) AGREEMENT BY USE. BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD, AND AGREED TO EACH OF THE TERMS, CONDITIONS, AND NOTICES SET FORTH IN THIS AGREEMENT AND IN ANY INCORPORATED AGREEMENT, POLICY, OR OTHER TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND OR AGREE TO EACH OF THE TERMS, CONDITIONS, AND NOTICES HEREIN AND AS SO INCORPORATED, YOU SHOULD NOT ACCESS OR USE THE SITE IN ANY MANNER AND, IF APPLICABLE, YOU SHOULD ARRANGE TO CANCEL YOUR ACCOUNT AND ANY SUBSCRIPTION WITH iTRAIN.

(b) Printed Version. A printed version of this Agreement (including the Terms of Sale, any Additional Terms, and the Privacy Policy), and of any notice given in electronic form will be admissible in any judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records. iTRAIN recommends that You print a copy of the most current version of this Agreement (as well as the Terms of Sale, any Additional Terms, and the Privacy Policy) for Your records.

3. Modification of Terms and Conditions.

(a) Right to Modify. iTRAIN may, at any time and from time to time, in its sole discretion, modify, add, or delete provisions of this Agreement (as well as the Terms of Sale, any Additional Terms, and the Privacy Policy). Each such modification, addition, or deletion will be effective when posted and shall be deemed to be incorporated in this Agreement by this reference. You are responsible for reviewing this Agreement prior to each time You access or use the Site. If You object to any such modification, addition, or deletion Your only recourse is to terminate this Agreement and to stop any and all use of the Site. Your continued use of the Site following any such modification, addition, or deletion shall be deemed to constitute Your review and acceptance of, and agreement to, each such modification, addition, or deletion.

(b) Writing Required to Modify or Waive. Except as provided in this Section 3, the provisions of this Agreement (as well as the Terms of Sale, any Additional Terms, and the Privacy Policy) may not be modified, revised or amended, and none of such provisions waived, except in a written document executed by iTRAIN.

4. Modification of Site. iTRAIN may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the Site (including adding or discontinuing any or all services or transactions offered through the Site), in whole or in part, without notice or liability to You.

5. Right to Use Site.

(a) Minimum Age. You represent and warrant to iTRAIN that You are at least eighteen (18) years of age and that You possess the legal right and ability to enter into this Agreement.

(b) Authority for Minor’s Use. Further, if You permit or allow any person under eighteen (18) years of age to access or use the Site, You represent and warrant to iTRAIN that You have authority to permit or allow such person to access or use the Site and You agree that You are and shall be responsible for all access to and use of the Site by such person, including all purchases of Files from iTRAIN through the Site.

6. Use and Protection of Password and ID.

(a) Password Assignment. iTRAIN will assign a password and account ID to You so You can access and use certain areas of the Site. Each user who uses such assigned password and ID shall be deemed to be authorized by You to access and use the Site, and iTRAIN shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND ITRAIN, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES OF FILES THROUGH THE SITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.

(b) Protection of Password. You are solely responsible for protecting the security and confidentiality of the password and ID assigned to You. You shall immediately notify iTRAIN of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Site’s security of which You are aware. You will be responsible for any activity conducted under Your assigned password or ID.

7. System Requirements.

(a) Software and Devices. Use of the Site requires Internet access, audio manager software (such as iTunes®, Napster®, Real Player Rhapsody™, Musicmatch®) or other software allowing the downloading and storing of audio and audio-visual files in the MP3 format (the “Software”), and a compatible player device (the “Device”). All Devices known at this time to support the MP3 format, including the Zune®, iPod®, iRiver®, and PSP™, are compatible with the Files. iTRAIN may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Site and the format of the Files, in whole or in part, without notice or liability to You.

(b) Responsibility for Fees. Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Site. Software and Devices may require You to obtain updates or upgrades from time to time. Your ability to use the Site may be affected by the performance of the Software, the Device, or Your Internet connection. You acknowledge and agree that it is Your sole responsibility to comply with the system requirements of Your Software and Device, as in effect from time to time, and to maintain, update, and upgrade Your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to iTRAIN.

8. Licenses.

(a) Limited License. Subject to the terms and conditions of this Agreement, You are hereby granted a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Site only for displaying the Site on Your Internet browser. Further, Your access to and use of the Site and the Files purchased from iTRAIN through the Site is limited to personal, non-commercial purposes only.

(b) Limitations on Use. Except as permitted in the limited license set forth in paragraph 8(a), above, You may not, in whole or in part, copy, reproduce, distribute, display, perform, sell, lease, transmit, or create derivative works from the Site, from Content posted on the Site, or from Files sold to You or translate, modify, reverse-engineer, disassemble, or decompile the Site, Content posted on the Site, or Files sold to You.

(c) Further Limitations. You may not upload to, or distribute or otherwise publish through, the Site any information or other material that (i) violates or infringes the rights of any persons, including rights in copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under the laws of the United States of America (the “United States”), any state thereof, or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses, “hacks”, or other harmful code or properties. You agree to indemnify iTRAIN for any damages which result from any of the foregoing actions. iTRAIN may remove any information or other material which is uploaded by you at any time, in its sole and absolute discretion.

(d) Submissions. Subject to the Privacy Policy, anything that You submit or post to the Site or to iTRAIN, including ideas, know-how, techniques, questions, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary. By submitting or posting a Submission to the Site or to iTRAIN, You waive any and all rights You may have in such Submission (except as to matters covered by the Privacy Policy). iTRAIN shall have the exclusive, royalty-free, worldwide, perpetual, and transferable right to use, copy, reproduce, distribute, display, perform, sell, lease, transmit, or create derivative works from any such Submission by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile any such Submission. All Submissions shall automatically become the sole and exclusive property of iTRAIN, without compensation to You, and shall not be returned to You.

9. Availability and Use of Site. The availability of the Site depends on many factors, including some factors that are beyond iTRAIN’s control, such as Your connection to the Internet, the current state of the Internet “backbone”, and the current operability of the servers on which the Site is maintained. iTRAIN shall not be liable to You in any way if for any reason You cannot use the Site.

10. Termination; Effect of Termination.

(a) Termination. In addition to any other legal or equitable remedies, iTRAIN may, without prior notice to You, immediately terminate this Agreement or revoke any or all of Your rights granted under this Agreement. You may terminate this Agreement by contacting iTRAIN at cs2@iTRAIN.com.

(b) Effect of Termination. Upon any termination of this Agreement, You shall immediately cease all access to and use of the Site and iTRAIN may, in addition to any other legal or equitable remedies, immediately revoke any passwords and account IDs assigned to You and deny You (and any persons having access to and use of the Site through You) access to and use of the Site, in whole or in part. Termination of this Agreement shall not affect the respective rights and obligations (including payment obligations) of You or iTRAIN arising before the date of such termination. The provisions of Sections 2, 6, 7, 8, 9, 10, 11, 15, 16, 20 and 23 shall survive the termination of this Agreement.

11. Intellectual Property.

(a) Applicable Laws. You acknowledge that United States and international copyright, patent, trademark, and other intellectual and proprietary laws protect the Site and that any unauthorized access to or use of the Site may violate such laws.

(b) Marks. All Content and all trademarks, service marks, trade dress, logos, and tag lines displayed on the Site (collectively, the “Marks”) are the sole and exclusive property of iTRAIN or its licensors. You are not granted any right or license, either express or implied, in any Mark, patent, trade secret, right of publicity, or other intellectual or proprietary right of iTRAIN or in any of the goodwill associated with any of the foregoing, except as otherwise provided in the Terms of Sale with respect to Files that You purchase from iTRAIN. To the extent that You use any Mark, patent, trade secret, right of publicity, or other intellectual or proprietary right of iTRAIN, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of iTRAIN.

(c) Removal of Legends. You shall not remove any copyright, trademark, or other proprietary legend or notice that appears on, in, or as part of the Site.

(d) Enforcement Notice. So that there is no doubt on the subject, iTRAIN aggressively enforces its intellectual and proprietary rights to the fullest extent of applicable law.

12. Notice of and Procedure for Copyright Infringement.

(a) Infringement Claims. iTRAIN respects the intellectual and proprietary rights of others. In accordance with the Digital Millennium Copyright Act, iTRAIN has designated a copyright agent (the “Designated Agent”) to receive notice of claims of alleged copyright infringement on the Site. If You believe that any material as to which You hold a copyright has been used or copied in a way that constitutes an infringement of such copyright and such infringement is occurring or has occurred on the Site or on web sites linked to or from the Site, please send the Designated Agent a notice containing the following information:

(i) Your name, address, telephone number, and e-mail address;

(ii) An electronic or physical signature of the person authorized to act on behalf of the owner of the each copyrighted work that is alleged to have been infringed;

(iii) A description of each copyrighted work that You claim is being infringed upon and the location where the original or an authorized copy of such work exists (for example, the URL of web site where such work is lawfully published or the name, edition, and pages of a book, etc.);

(iv) A description of where the material that You claim is infringing on such work is located on the Site, including the URL, so that iTRAIN can locate such material;

(v) A statement that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and

(vi) A statement bearing Your electronic or physical signature, under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.

(b) Designated Agent. Send the notice containing the above information to the following Designated Agent:

Name of Designated Agent: Grace Lazenby / Sebastien Reant

Mailing Address: 9903 Santa Monica Boulevard, Suite 291

Beverly Hills, California 90212

Telephone number: +1 (512) 222-7346 (Note: Telephone notice is not sufficient.)

E-mail Address: legal@iTRAIN.com

NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING ITRAIN THAT A COPYRIGHTED WORK MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO THE DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.

13. Links To Other Internet Sites. The Site may contain links to Internet sites owned, operated, or maintained by third parties not under iTRAIN’s control or associated with it. These links are provided for Your convenience of reference only. Such links are not and shall not be deemed to be iTRAIN’s endorsement of any organization, individual, product, or service associated with the linked site. You assume sole responsibility and liability for Your use of any such linked site.

14. Links to the Site. You must obtain iTRAIN’s prior written consent prior to posting any link to the Site.

15. WARRANTY DISCLAIMER; HEALTH DISCLAIMER; RELEASE; LIMITATION OF LIABILITY.

(a) WARRANTY DISCLAIMER. ALL CONTENT, SERVICES, AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE SITE MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. ITRAIN DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. ITRAIN DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, OR SYSTEM INTEGRATION.

(b) HEALTH DISCLAIMER, WAIVER AND RELEASE. YOU ARE SPECIFICALLY WARNED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY EXERCISE REGIMEN. iTRAIN IS NOT A SUBSTITUTE FOR PHYSICIAN CONSULTATION OR TREATMENT AND NOTHING CONTAINED IN THIS WEBSITE SHOULD BE CONSTRUED AS GIVING MEDICAL ADVICE, DIAGNOSIS, OR INFORMATION. YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY EXERCISE AND/OR WEIGHT LOSS EFFORT OR REGIMEN. THIS WEBSITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. THE WEBSITE IS NOT INTENDED FOR USE BY MINORS, PREGNANT WOMEN, OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY WARNED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FORM OF EXERCISE AND/OR WEIGHT LOSS EFFORT OR REGIMEN.

YOU AGREE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES DESCRIBED IN FILES AVAILABLE AT THE SITE AND VIA USE OF THIS SITE AND ASSUME ALL RISKS OF INJURY, ILLNESS, OR DEATH. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE EACH iTRAIN RELEASEE (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY iTRAIN RELEASEE FOR PERSONAL INJURY OR PROPERTY DAMAGE. TO THE EXTENT THAT STATUTE OR CASE LAW DOES NOT PROHIBIT RELEASES FOR NEGLIGENCE, THIS RELEASE IS ALSO FOR NEGLIGENCE. IF ANY PORTION OF THIS RELEASE FROM LIABILITY SHALL BE DEEMED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, THEN THE REMAINDER OF THIS RELEASE FROM LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT AND THE OFFENDING PROVISION OR PROVISIONS SEVERED HERE FROM.

(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ITRAIN, ITS PARENT, SUBSIDIARIES, OR AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR ITRAIN HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

(d) MAXIMUM LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITRAIN’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ITRAIN FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO ITRAIN’S LIABILITY.

The provisions of this paragraph shall survive the termination of this Agreement or Your right to use the Site for any reason.

16. Indemnity. You agree to indemnify, defend and hold harmless iTRAIN and its licensors and licensees, and their respective parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, members, partners, employees, contractors and agents (each, an "iTrain Releasee")) from and against any and all claims, liabilities, expenses (including reasonable attorneys’ fees and costs), and damages arising out of claims resulting from Your access to or use of the Site, including claims arising out of information or content submitted to the Site by You, Your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement, the Terms of Sale, or any Additional Terms. iTRAIN reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, including in the selection of counsel, and in such case, You agree to cooperate with iTRAIN’s defense of such claims.

17. Relationship of Parties. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and iTRAIN as a result of this Agreement or any use of the Site. You agree not to hold Yourself out as a representative, agent, or employee of iTRAIN and iTRAIN shall not be liable for any representation, act, or omission by You to the contrary.

18. Assignment. You shall not assign or otherwise transfer this Agreement or assign, delegate, or otherwise transfer any of Your rights, interests, or obligations under this Agreement. Any such assignment, delegation, or other transfer shall be void. This Agreement shall inure to the benefit of iTRAIN’s successors, assigns, and licensees.

19. Injunctive Relief; Remedies.

(a) Injunctive Relief. You agree that iTRAIN’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that iTRAIN shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that iTRAIN may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including reasonable attorneys’ fees and costs.

(b) Remedies Cumulative. All rights and remedies granted to iTRAIN under this Agreement (including under the Terms of Sale, any Additional Terms, and the Privacy Policy) are cumulative and not alternative, and are in addition to all other rights and remedies available to iTRAIN at law or in equity.

20. Governing Law and Jurisdiction. This Agreement (including the Terms of Sale, any Additional Terms, and the Privacy Policy) is governed by the laws of the State of California, United States, without regard to its choice of law principles. You consent to the jurisdiction and venue of the state courts in Los Angeles County, California, and the federal courts in the Central District of California for all disputes arising out of or relating to access to or the use of the Site; provided, however, that iTRAIN may enforce its rights and remedies under this Agreement in any appropriate jurisdiction.

21. Arbitration.

(a) EXCLUSIVE REMEDY. YOU AND iTRAIN AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, THE SITE AND/OR YOUR DOWNLOAD OF FILES OR OTHER PRODUCTS SHALL BE FINAL AND BINDING ARBITRATION, except that: (i) to the extent that either You or ITRAIN has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or You have otherwise violated any of the rules set forth herein, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (ii) no disputes or claims relating to any transactions You enter into with a third party may be arbitrated.

(b) Administration. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”). Judgment on the award may be entered in any court having jurisdiction. The location of the arbitration shall be in Los Angeles, California, and the allocation of costs and fees for such arbitration shall be determined in accordance with such JAMS Rules and shall be subject to the limitations provided for in the JAMS Rules. If such costs are determined to be excessive in a consumer dispute, iTRAIN will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

(c) No Joinder. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by You related in any way to the Site and/or the Files or Other Products (including Your visit to or use of the Site and/or the Files or Other Products) be instituted more than one (1) year after the cause of action arose.

22. International Access. The Site can be accessed from countries other than the United States. If You access and use the Site outside the United States, You are responsible for complying with Your local laws and regulations.

23. Contact Information. Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Site by e-mail to cs2@iTRAIN.com or by regular mail to 9903 Santa Monica Boulevard, Suite 291, Beverly Hills, California 90212.

24. Reservation of Rights. iTRAIN reserves to itself any and all rights not expressly granted herein.

25. Construction. When used in this Agreement (including the Terms of Sale, any Additional Terms, and the Privacy Policy) (a) “including” and the like are not limiting; (b) “or” is not exclusive; (c) “may not”, “neither ... may”, and the like are prohibitive and not permissive; (d) the singular includes the plural and vice versa; (e) each of the masculine, feminine, and neuter genders includes the other genders; (f) “person” and “third party” mean individual or legal entity; (g) “herein”, “hereto”, and the like refer to this Agreement, the Terms of Sale, any Additional Terms, or the Privacy Policy where such term appears as a whole and not to a particular section or paragraph hereof or thereof; and (h) references to sections or paragraphs mean to sections or paragraphs of this Agreement, the Terms of Sale, any Additional Terms, or the Privacy Policy where such reference occurs. This Agreement, the Terms of Sale, any Additional Terms, and the Privacy Policy shall be construed according to their respective fair meanings and not for or against either iTRAIN or You as causing the drafting hereof or thereof.

26. Complete Agreement. This Agreement (including the Terms of Sale, any Additional Terms, and the Privacy Policy) constitutes the entire agreement between You and iTRAIN with respect to Your access to and use of the Site and purchase of Files or Products/Services through the Site.