SNOCAP, INC. TERMS OF SERVICE AND END USER LICENSE AGREEMENT
These Terms of Service and End-User License Agreement (the "E.U.L.A.") is a legally-binding contract between you and SNOCAP, Inc. (sometimes referred to below as "SNOCAP", "we" or "us" or "our"). The EULA governs your rights to the SNOCAP store(s), and all materials contained in the SNOCAP store(s), including, without limitation all digital files of content (including, but not limited to digital downloads whether such downloads are permanent, tethered, or limited time or play duration) (“Downloads”), as well as the images, and likenesses of persons, software, text, and video clips (together with Downloads, the "Content") that you access by means of the SNOCAP store(s).
In order to access the Content, you must first agree to the terms and conditions of this E.U.L.A. After you have read this E.U.L.A., you can indicate your acceptance of its terms by clicking the "I Agree" button below. By clicking the “I Agree” button, by accessing or otherwise using the SNOCAP store(s) or services, you acknowledge that you have read the E.U.L.A. and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this E.U.L.A., click the "I Decline" button and do not use the SNOCAP store(s), any Content, or any of the services. By clicking the "I Decline" button, you will be unable to complete the registration process and you will not be permitted to access any Content from the SNOCAP store(s). Please note that this Agreement contains a dispute resolution clause. Please see the Choice of Law and Venue section below.
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GENERAL INFORMATION
You understand that the SNOCAP store(s) and services may include security components that permit digital information to be protected and that limit your use and access to Content so that such Content may be used only in accordance with Use Terms. The SNOCAP store(s) are currently available in the United States only and SNOCAP is unable to accept credit cards that are issued by banks outside of the United States. You agree not to use or attempt to use the SNOCAP store(s) and services from outside of the United States. YOU FURTHER AGREE THAT SNOCAP MAY COLLECT AND USE TECHNICAL AND RELATED INFORMATION, INCLUDING BUT NOT LIMITED TO TECHNICAL INFORMATION ABOUT YOUR COMPUTER, SYSTEM AND APPLICATION SOFTWARE, AND PERIPHERALS, THAT IS GATHERED PERIODICALLY TO FACILITATE THE PROVISION OF SOFTWARE UPDATES, PRODUCT SUPPORT AND OTHER SERVICES TO YOU (IF ANY) RELATED TO THE SNOCAP STORES AND TO VERIFY COMPLIANCE WITH THE TERMS OF THIS E.U.L.A. AND THE USE TERMS. SNOCAP MAY USE THIS INFORMATION TO IMPROVE OUR PRODUCTS OR TO PROVIDE SERVICES OR TECHNOLOGIES TO YOU. The approved Use Terms shall govern your rights with respect to the Content regardless of whether unauthorized rules have been associated with downloads by another party. This E.U.L.A. provides: (i) information regarding your rights with respect to the Content; (ii) information regarding your rights with respect to your access to SNOCAP store(s), services and web site; (iii) information regarding our Customer Service and refund policies; and (iv) other important legal information. SNOCAP’s privacy policy applies to data collected when you register with and use the SNOCAP store(s), the SNOCAP software, and any of SNOCAP’s services, and the terms of SNOCAP’s privacy policy are incorporated herein and made a part of this E.UL.A. by this reference. Click here to review SNOCAP’s privacy policy.
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YOUR RIGHT TO USE THE CONTENT, THE SNOCAP STORE(S), THE SOFTWARE; LIMITATIONS ON USE
Provided that you comply with this E.U.L.A., SNOCAP hereby grants to you a limited, non-exclusive, non-transferable, non-sublicenseable, and revocable license to enter, access and use the SNOCAP store(s) and to use the Content, subject at all times to the Use Terms. “Use Terms” are licensing and use rules that a copyright holder sets with respect to its content and which govern the use of such content.
The SNOCAP store(s) and all materials on the SNOCAP store(s), including but not limited to the Content, are only for your personal, non-commercial use and you agree that you are purchasing and/or using the Content for your own personal use for entertainment purposes. Unless specifically authorized by the copyright holder in the Use Terms, you may not: play and then re-digitize any Content, or upload the Content to the Internet; use the Content in conjunction with any other third-party content (e.g., to provide sound for a film); use any Content for promotional purposes; publicly perform the Content; sell or offer to sell the Content, or redistribute the Content including but not limited to, posting any Content for auction on any Internet auction site. All Content is sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the SNOCAP store(s) or in this E.U.L.A.
You agree not to interrupt or attempt to interrupt the operation of the SNOCAP store(s), the SNOCAP web site, and any of SNOCAP’s services, in any way. Further, you agree to comply with all applicable laws in your use of the Content.
All rights in and to the SNOCAP store(s) and the Content not specifically granted in this E.U.L.A. or in the Use Terms are hereby reserved by SNOCAP, its licensors and the copyright holders. Any burning or exporting capabilities as permitted in the Use Terms are solely an accommodation to you and shall not constitute a grant or waiver of any rights by SNOCAP, its licensors, or the copyright holder(s). No right, title or interest in any downloaded Content, the SNOCAP store(s) or software is transferred to you as a result of any downloading or copying or otherwise. Any use of the Content other than as permitted in this E.U.L.A. and the Use Terms is a violation of the copyright in such Content under applicable laws, and is prohibited. The Use Terms are communicated to you by means of messaging the SNOCAP storefront. You may not reverse engineer, decompile, translate, adapt, disassemble or otherwise tamper with the Content, the software, or circumvent any technology designed to enforce the Use Terms. You further agree that you will not attempt to modify the software or the Use Terms for any reason whatsoever, including for the purpose of disguising or changing ownership of the Content.
Software that is offered as a part of the SNOCAP services or the SNOCAP store(s) may require Updates (as defined below), and you agree that any such Updates may be automated. “Updates” may include, without limitation, modifications and/or reinstallations of the software, and available patches to address security, interoperability, and/or performance issues. The terms of this E.U.L.A. will govern any Updates provided by SNOCAP that replace and/or supplement the SNOCAP services and/or the SNOCAP store(s), unless such Update is accompanied by a separate license in which case the terms of that license will govern. SNOCAP and the copyright holders reserve the right to enforce the E.U.L.A. and the Use Terms with or without notice to you.
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OWNERSHIP OF INTELLECTUAL PROPERTY
Content
All Content on the SNOCAP store(s) and SNOCAP’s web site is protected by copyright under U.S. law, international conventions, and other laws. You cannot use the Content or the SNOCAP store(s) except as specified herein. Any unauthorized use of the Content is prohibited and may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Trademarks
There are a number of proprietary logos, service marks, and trademarks (collectively, the “Trademarks”) found on the SNOCAP store(s). The SNOCAP, SNOCAP [LOGO], and other trademarks used in the SNOCAP store(s) are trademarks of SNOCAP or a third party owner. Nothing contained on the SNOCAP store(s) should be construed as granting by estoppel or otherwise, any license or right of use to any Trademark displayed on the SNOCAP store(s). SNOCAP may terminate this E.U.L.A. and your right to access and use the SNOCAP store(s) and SNOCAP web site for any unauthorized use of its trademarks, at its sole discretion, at any time, with or without notice to you. Please note that this Trademark list is periodically updated such that neither this list nor its updates are all-inclusive lists of SNOCAP’s trademarks. For questions pertaining to SNOCAP's Trademarks or this Trademark list, please send inquiries to SNOCAP, 139 Townsend Street, Suite 400, San Francisco, CA 94107.
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SNOCAP STORE(S) AND SERVICES
You agree that the SNOCAP store(s) and the SNOCAP web site, including without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the SNOCAP store(s) and the SNOCAP web site, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the SNOCAP store(s) and the SNOCAP web site, are owned by SNOCAP and/or its licensors, and other third parties and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the SNOCAP store(s), the SNOCAP web site, or any element thereof in any way whatsoever except in strict compliance with the terms of this E.U.L.A. You understand that by using the SNOCAP store(s) and/or SNOCAP services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the SNOCAP store(s) and/or SNOCAP services at your sole risk and that SNOCAP shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the SNOCAP store(s) and the SNOCAP web site, in any manner, and you shall not use the SNOCAP store(s) or the SNOCAP web site, or any element thereof, to trespass or burden network capacity. YOUR UNAUTHORIZED USE OF ANY SOFTWARE OR OTHER INTELLECTUAL PROPERTY UTILIZED IN THE FUNCTIONALITY OF THE SNOCAP STORE(S), THE SNOCAP WEB SITE, OR ANY OTHER ELEMENT OF THEREOF, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT.
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YOUR ACCOUNT AND PASSWORD
Registration with the SNOCAP store(s) requires you to open an account (including setting up a unique ID and password). You may only open an account for yourself, and not for any other person. You agree that the information you provide to SNOCAP during the registration process and any other communications with SNOCAP, are true, correct, complete, and current and you agree to update such information as necessary so that it remains current, true, correct, and complete. You agree that any information provided by you to us will not violate any law or regulation or infringe the rights of any third party. By opening an account, you are certifying that you are a resident of the United States and that you are capable of entering a contract under the laws of your jurisdiction.
You will be asked during the registration process to proceed to a payment processor (which may include, without limitation PayPal, a credit or debit card company, or other payment solution) and submit information to that payment processor which will enable payments to be received by SNOCAP for the sales of Content. All information that is submitted to the payment processor via an application program interface and will be handled, managed, and maintained by the payment processor; as such, the policies, including the privacy policy, of the payment processor will apply will apply to its use and treatment of your information. You acknowledge and agree that the complete privacy of your data and messages transmitted while registering or using the SNOCAP store(s) cannot be guaranteed. You agree that you will consult the terms and conditions that are imposed by your credit or debit card issuer for notification requirements and limitations on your liability for loss, theft, or unauthorized use of your credit or debit card. You agree that you, and not SNOCAP, will be solely responsible for the payment of all amounts billed to your credit or debit card by unauthorized third parties.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your SNOCAP store(s) account. You agree to notify SNOCAP immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by SNOCAP, its third party licensors, or by any other user of or visitor to the SNOCAP store(s) due to someone else using your unique ID, password or account. No person may use anyone else’s unique ID, password or account at any time. SNOCAP and its third party licensors cannot and will not be liable for any loss or damage arising from any failure on the part of any person to comply with these obligations.
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AGE REQUIREMENTS
The SNOCAP store(s) is only available to persons eighteen (18) years of age and older. By clicking the "I Accept" button, you are representing to SNOCAP that you are at least eighteen (18) years of age. Effective April 21, 2000, the Children’s Online Privacy Protection Act (" COPPA") was enacted into law and it imposed new rules regarding the collection of personal information from children younger than the age of 13. Because the SNOCAP store(s) is not directed to children under the age of 13, we cannot offer the Content to such individuals. If you are under the age of 13, you may not create an account with the SNOCAP store(s), you shall not be eligible to enter any contests or sweepstakes or to participate in any promotions, and you are requested not to provide any personal information to us.
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REFUND POLICY
There are no refunds once Content is purchased. When you click the "Buy" button, your purchases are charged to the payment processor that you have selected within your SNOCAP store(s) account.
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PRICES, TAXES, SPECIAL OFFERS AND PROMOTIONS
Features, specifications, services and/or prices offered from the SNOCAP store(s) may vary and are subject to change at any time without notice and SNOCAP does not provide price protection or refunds in the event of a price drop or a promotional offering. Purchases from the SNOCAP store(s) may include sales tax (where applicable) and such tax will be based on the bill-to address. In such cases, the sales tax rate in effect at the time the SNOCAP Download occurs will apply. If the applicable sales tax rate changes before the SNOCAP Download has been completed, the new tax rate, effective at the time of the completion of the SNOCAP Download, will apply. You are not eligible for tax exemptions for purchases made from the SNOCAP store(s). Other product and service limitations and disclaimers may apply. Special product or service offerings and promotions displayed on the SNOCAP store(s) are considered no longer valid once they are removed from the SNOCAP store(s). Additionally, all offerings and promotions are subject to change or cancellation at any time without notice.
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ELECTRONIC SIGNATURES AND CONTRACTS
By using the SNOCAP store(s) and clicking the “I Accept” button for this E.U.L.A., you acknowledge and agree that your electronic submissions constitute your agreement and intention to be bound by such E.U.L.A. and to pay for any purchases that are made in association with your account. Your agreement and intention to be bound by electronic submissions applies to all transactions you enter into on SNOCAP’s store(s) and its web site, including without limitation, notices of cancellation, policies, contracts, and applications.
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SNOCAP’S RIGHT TO CHANGE THE SNOCAP STORE(S), ANY OF ITS SERVICES, THESE TERMS OF SERVICE OR THE E.U.L.A.
SNOCAP may add to, change or remove any part of the E.U.L.A. at any time. Any changes to the E.U.L.A. apply within thirty (30) business days of the time they are posted at https://www.snocap.com/about/policies/registration_agreement-buyer. You should therefore periodically visit this page to review the then-current Terms of Service and E.U.L.A. By continuing to use the SNOCAP store(s) after any changes are posted, you are indicating your acceptance of those changes and of all of the terms contained therein. SNOCAP (and/or the copyright holders of the Content, as applicable) may add, change, discontinue, remove, suspend, or discontinue the SNOCAP store(s) and services, or any part of Content thereof, including features and specifications of products described or depicted on the SNOCAP store(s), temporarily or permanently, at any time, without notice to you and without liability.
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RISK OF USE
SNOCAP, licensors, suppliers and affiliates assume no responsibility, and shall not be liable for, any damages to, or viruses that may damage your computer equipment or other property on account of your access to, use of, or browsing of the Content, the downloading of any materials, data, text, images, video, or audio from the SNOCAP store(s), or any other way, whether or not linked from the SNOCAP store(s).
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LINKS FROM OTHER WEB SITES
SNOCAP is not responsible for the content of any web site linked to the SNOCAP store(s). Your use of links is entirely at your own risk. Any links are provided for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the web site. SNOCAP disclaims all warranties, express or implied, as to the accuracy, quality, or otherwise of any materials or information contained on such web sites.
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WARRANTIES AND DISCLAIMER OF WARRANTIES
THE SNOCAP STORE(S), THE SNOCAP WEB SITE, THE CONTENT, AND THE DOWNLOADS ARE PROVIDED SOLELY ON AN "AS-IS" BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SNOCAP AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS: (1) DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SNOCAP STORE(S), THE CONTENT, OR THE DOWNLOADS; (2) EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE; AND (3) DO NOT WARRANT THAT THE SNOCAP STORE(S), THE DOWNLOADS, YOUR USE THEREOF, AND THE CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDY AND WARRANTY AND SNOCAP'S AND ITS LICENSORS', SUPPLIERS' OR AFFILIATES' SOLE OBLIGATION AND LIABILITY HEREUNDER WITH RESPECT TO THE SNOCAP STORE(S), THE SNOCAP WEB SITE, THE CONTENT, AND THE DOWNLOADS WILL BE, AT SNOCAP'S SOLE OPTION, REPLACEMENT OF THE DEFECTIVE DOWNLOADS OR A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE DEFECTIVE DOWNLOAD OR AN AMOUNT OF FIFTY DOLLARS ($50.00) WHICH SHALL BE THE LIMIT OF ITS AND THEIR LIABILITY ARISING UNDER OR RELATED TO THIS AGREEMENT. WITHOUT LIMITING ANY PROVISION HEREIN, AND IN THE EVENT THAT USE TERMS PERMIT BURNS OF CONTENT TO RECORDABLE MEDIA OR A HARD DRIVE DEVICE, SNOCAP MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SNOCAP STORE(S) OR THE CONTENT OR THAT ANY RECORDABLE MEDIA BURNED USING THE SERVICE WILL FUNCTION IN ALL PORTABLE PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.
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DISCLAIMER AND RISK OF USE
The SNOCAP store(s) and the Content may contain views, advice, and opinions, which represent the views, advice, opinions, and statements of the individual authors and not necessarily those of SNOCAP or its affiliates. SNOCAP and affiliates, licensors, and suppliers do not represent or endorse the accuracy or reliability of any view, advice, opinion, statement or other information provided by the SNOCAP store(s)’ or the Content’s authors. Such views, opinions, advice, statements, or other information are solely those of the authors and cannot be attributed to SNOCAP or its affiliates. Reliance upon such views, opinion, advice, statement, or other information shall also be at your own risk. Furthermore, SNOCAP is not responsible for typographical errors. SNOCAP and its affiliates, shall not be liable to you or any third party for any inaccuracy, error, omission, interruption, infringement of any intellectual property right, completeness, deletion, defect, failure of performance, communication line failure, regardless of cause, or for any damages resulting from any of the above. SNOCAP, its affiliates and its licensors, suppliers and each of their affiliates, assume no responsibility, and shall not be liable for, any damages to, or viruses that may damage your computer equipment or other property on account of your access to or use of the SNOCAP store(s) and web site.
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LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED IN THIS E.U.L.A., IN NO EVENT WILL SNOCAP, ITS AFFILIATES, LICENSORS, AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED, ARISING FROM OR RELATING TO THE SNOCAP STORE(S), THE SNOCAP WEB SITE, THE CONTENT, THIS E.U.L.A. OR THE SUBJECT MATTER OF IT UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (1) DAMAGES ARISING FROM LOSS OF DATA; AND (2) DAMAGES ARISING FROM YOUR USE OF THE SNOCAP STORE(S), SNOCAP WEB SITE, OR THE CONTENT IN VIOLATION OF THIS E.U.L.A., INCLUDING THE LIMITATIONS ON USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
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INDEMNIFICATION
You will defend and indemnify SNOCAP and its affiliates, licensors, distributors, and suppliers (and each of their respective affiliates, officers, directors, employees and agents) against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorneys' fees) arising from or relating to your use of the SNOCAP store(s), the SNOCAP web site, and Content in violation of this E.U.L.A.
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TERMINATION
This E.U.L.A. is effective until terminated. This E.U.L.A. and your rights to access and use the SNOCAP store(s), the SNOCAP web site, the Content, are subject to immediate termination, without notice, if you breach any provision of this E.U.L.A. or if you use the SNOCAP store(s), the SNOCAP web site, the Content or the Trademarks in violation of this E.U.L.A. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach. Upon termination, you must: (i) cease all use of the SNOCAP store(s), the SNOCAP web site, the Content, and the Trademarks; (ii) destroy all electronic files of the Content.
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CHOICE OF LAW AND VENUE
This E.U.L.A. and your use of SNOCAP store(s) and services will be governed by the laws of the State of California, without regard to its conflicts of law principles. Your use of SNOCAP store(s) and services my also be subject to other local, state, national, and/or international laws. You and SNOCAP agree that any dispute between you and SNOCAP arising out of or related to this E.U.L.A., the SNOCAP web site, the SNOCAP store(s), services, or the Content will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (the “AAA”) and conducted under the then-current rules of the AAA, except as otherwise provided below. You and SNOCAP will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator who has practiced law in the music business for the last ten (10) consecutive years and will be limited solely to the dispute between you and SNOCAP. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held in the County and City of San Francisco, California. If you prevail in the arbitration of any dispute with SNOCAP, SNOCAP will reimburse you for any fees you paid to AAA in connection with the arbitration.
Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a dispute in a forum other than AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq.
You understand and agree that any unauthorized use of the SNOCAP store(s) (including all elements thereof), the SNOCAP web site, and any Content, or any related software or materials, would result in irreparable injury to SNOCAP and its affiliates or licensors for which money damages would be inadequate, and in such event SNOCAP, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this E.U.L.A. shall be construed to limit remedies or relief available pursuant to statutory or other claims that SNOCAP, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
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SURVIVAL
The paragraphs entitled "INDEMNIFICATION" and "CHOICE OF LAW AND VENUE" will survive termination of this E.U.L.A.
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MISCELLANEOUS
This E.U.L.A. constitutes the entire agreement between you and SNOCAP with respect to its subject matter. No employee of SNOCAP has the authority to alter or vary any of the policies of SNOCAP, the SNOCAP store(s), or the E.U.L.A. If any part of this E.U.L.A. is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this E.U.L.A. will be interpreted so as to reasonably effectuate the intention of the parties. SNOCAP’s failure to enforce any right or provision in this E.U.L.A. will not constitute a waiver of such provision or any other provision of this E.U.L.A. Headings are for reference purpose only and in no way define, limit, construe or describe the scope or content or extent of such section.
v. 5.0 03052007