NUBONE TERMS OF USE

These Terms of Use were last updated as of: April 28, 2010

1. GENERAL.

a. stemvie.com is a website and service that is owned and operated by Nubone, LLC, (referred to herein as "Nubone"). When you choose to use this website and the products and services offered by Nubone in connection therewith (collectively, the "Service"), you are agreeing to all of the terms and conditions of set forth herein ("Terms of Use") and the terms and conditions of the privacy policy of Nubone ("Privacy Policy") which are incorporated herein by this reference.

b. Nubone may change, add or remove portions of these Terms of Use at any time, but if Nubone does so, Nubone will post such changes on the Service.

c. Your continued use of the Service now, or following the posting of notice of any changes in these operating rules, will indicate acceptance by you of such rules, changes, or modifications.

d. Nubone may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Nubone may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

e. Certain products or services offered by the Service may be governed by additional terms and conditions ("Additional Terms") which shall supplement these Terms of Use. In such event you must agree to such Additional Terms prior to using those products or services to which the Additional Terms apply. Unless specifically stated otherwise, in the event that any provisions of the Additional Terms conflict with these Terms of Use, then the Additional Terms shall govern with respect to solely those conflicting provisions.

f. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. The Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

2. ACCESS TO SERVICE.

a. Nubone hereby grants you permission to use the Service as set forth in this Terms of Use, provided that: (i) your use of the Service as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Service in any medium without the prior written authorization of Nubone; (iii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

b. In order to access certain features of the Service including to place orders for the purchase of products or sign-up for a workshop, you will have to register with Nubone. In doing so you will be required to create an account by choosing a username and password. You shall not use another's account, username or password at any time without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Nubone immediately of any breach of security or unauthorized use of your account.

c. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes unless in accordance with the intended purpose of the Service.

3. FEES AND PAYMENTS. You shall pay all fees and charges incurred through your account at the rates in effect at the time when such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Nubone or by any other vendor or service provider. All fees and charges shall be paid for by you in accordance with any then-current payment policies. Most products and other offerings must be paid by valid credit card prior to shipment of product or access to membership portions of Service or confirmation of workshop registration, as the case may be. Nubone reserves the right at any time to modify or change fees for products or services offered via the Service. All new fees, if any, will be posted in appropriate locations on the Service.

4. DELIVERY/SHIPPING OF PRODUCTS. In the event that you shall place an order for the purchase of products through the Service Nubone will process your order after it is received and will ship the purchased product out in a timely manner, provided that Nubone has received payment in accordance with Nubone's then-current payment policies. Occasionally, due to product demand, Nubone may not be available to fill your entire order. If this occurs, Nubone will ship what is in stock and send the balance once the product is re-stocked. Special delivery options are available at an additional cost and should be specified at the time of order. All shipping charges will be charged to you at the time of purchase. Nubone uses a third party carrier service for shipping its products. Accordingly, all products purchased via the Service, as well as the risk of loss for such products, passes to you when Nubone delivers these items to the carrier. Further, you acknowledge that delivery times may vary and Nubone shall have no liability for any delays or otherwise once products are delivered to Nubone's third party carrier service.

5. RETURNS. Nubone will accept returns and, in its sole discretion, provide credit, exchange or refund (as applicable) for products that are defective or in the event that there are errors in the order or delivery of the product provided that you comply with the following conditions:

a. You must obtain prior authorization from Nubone for any return by contacting our customer service department at (800) 889-4161 or by using the online b. The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, broadcast, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service in whole or in part.

c. Copying or storing of any Content for other than personal use is expressly prohibited without the prior written permission of Nubone.

d. You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by Nubone, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

7. PRIVACY POLICY. As stated above, these Terms of Use include the terms and conditions of the Privacy Policy, a copy of which is located here, and which is hereby incorporated by reference. In the event that there exists any inconsistency between these Terms of Use and the Privacy Policy, the terms and conditions of the Privacy Policy shall control.

8. LINKS. The Service may contain links to third party websites that are not owned or controlled by Nubone. Nubone has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website. In addition, Nubone will not and cannot censor or edit the content of any third party website. By using the Service, you expressly release Nubone from any and all liability arising from your use of any third party website. Accordingly, Nubone encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of any other website that you visit.

9. WARRANTY DISCLAIMER. You agree that your use of the Service shall be at your sole risk. Except as explicitly stated otherwise in this Terms of Use, to the fullest extent permitted by law, Nubone, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. Nubone makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to this Service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service (including any products or services offered via the Service), (iii) any unauthorized access to or use of the secure servers of Nubone and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. Nubone does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and Nubone will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

10. LIMITATION OF LIABILITY. In no event shall Nubone, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service (including any products or services offered via the Service), (iii) any unauthorized access to or use of the secure servers of Nubone and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Nubone shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Service is controlled and offered by Nubone from its facilities in the United States of America. Nubone makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. TERMINATION. As stated above, Nubone may, in its sole discretion, terminate or suspend your account, if any, or otherwise your access to all or part of the Service for any reason, including, without limitation, breach or assignment of these Terms of Use.

12. INDEMNITY. You agree to defend, indemnify and hold harmless Nubone, its successors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

13. ASSIGNMENT. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nubone without restriction.

14. MISCELLANEOUS. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Nubone, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Nubone that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. You and Nubone agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use, together with the Privacy Policy and any Additional Terms and any other legal notices published by Nubone via the Service, shall constitute the entire agreement between you and Nubone concerning the Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Nubone to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.