DISCLAIMER AND TERMS OF USE AGREEMENT SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) designed to help readers obtain marketing education and discuss ways to make internet marketing decisions for the purpose of selling products and services online based on the internet marketing models used personally by Michael Filsaime, There are no warranties implied and your results will differ from those of Michael Filsaime. The fundamental concept is that you should not rely solely upon the information or opinions you read. Rather, you should use what you read as a starting point for doing independent research on Internet Marketing, search engine optimization, advertising and marketing opportunities and techniques. Then judge for yourself the merits of the material that has been shared in SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime). SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) does not recommend or endorse any specific advertising or marketing strategy. We recommend that you research all search engine internet marketing strategies thoroughly. You should carefully consider whether internet marketing is appropriate for you in light of your experiences, objectives, financial resources and other circumstances. This website and its information is provided for guidance and information purposes only. This web site, its content and its products offered is not intended to provide investment, tax, or legal advice. The information contained herein has been compiled from sources deemed reliable and it is accurate to the best of our knowledge and belief, however, SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) cannot guarantee as to its accuracy, completeness and validity and cannot be held liable for any errors or omissions Changes are periodically made to this website and can be changed at any time. All information contained herein should be independently verified and confirmed. SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) does not accept any liability for any loss or damage whatsoever caused in reliance upon such information. Reader agrees to indemnify and hold harmless SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) from and against any damages, costs and expenses. including any legal fees, potentially resulting from the application of any of the information provided by disclaimer applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to or use of record, whether for breach of contract, tort, negligence, or under any other cause of action. Michael Filsaime's success with internet is no guarantee of future results. Therefore it should not be assumed that future results will be profitable or will equal past performance. SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) makes no guarantee that you will make money with internet marketing. Reader agrees to assume at risk resulting from the application of any of the information provided by SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime). By using this web site, including any applets, software and content contained therein, the visitor agrees that the use of this web site and its information product is entirely at his own risk. Privacy Policy SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalize experience. We may use Personally Identifiable Information (your name. e—mail address, street address, telephone number) subject to the terms of this privacy policy. Vie will never sell, barter. or rent your email to any unauthorized third party. Period.” How we gather information from users How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. You may provide information when you participate in sweepstakes and contests, message boards and chat rooms, and other interactive areas of our site. Like most Web sites, SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your username and password, sparing you from having to reenter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases you can choose not to provide us with information, for example by setting your browser to refuse to accept the site or may be asked to reenter your user name and password, and we may not be able to customize the site’s features according to your preferences. What we do with the information we collect. Like other web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone. Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g.. to learn which pages are visited most or what features are most attractive). Aggregated information may occasionally be shared with our advertisers and business partners. Again, this information does not include any personally Identifiable Information about you or allow anyone to identity you individually. We may use personally identifiable information collected on SafelistBuddy.com / MikeFilsaime.com to communicate with you about your registration and customization preferences; our Terms of Service and privacy policy; services and products offered by www.SafelistBuddy.com / MikeFilsaime.com and other topics we think you might find of interest. Personally Identifiable Information collected by SafelistBuddy.com / MikeFilsaime.com/Carbon-Copy-Marketing.com (SND Systems in association with Michael Filsaime) may also be used for other purposes. including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, anti other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or law enforcement authorities when ever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases. Affiliated sites, linked sites and advertisements SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third patties, including our partners, advertisers, affiliates ant other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as page of a frame on a www.SafelistBuddy.com / MikeFilsaime.com page, certain content that is actually created or hosted by a third party. Also, through SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) you may be introduced to contests or sweepstakes offered by other patties. SafelistBuddy.com / MikeFilsaime.com/Carbon-Copy-Marketing.com (SND Systems in association with Michael Filsaime) is not responsible for the actions or policies of those third parties. You should check the applicable privacy policies of those third patties when providing information on a feature or page operated by a third party. While on our site, our advertisers, promotional partners or other third patties may use cookies or other technology to attempt to identity some of your preferences or retrieve information about you. For example. some advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on out site may offer services operated by third parties and may use cookies or other technology to gather information. SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) does not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties. You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by messages from other individuals or third patties. Such activities are beyond the control of SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) and this policy. Children SafelistBuddy.com / MikeFilsaime.com/Carbon-Copy-Marketing.com (SND Systems in association with Michael Filsaime) does not knowingly collect or solicit Personally Identifiable information from or about children under 13 except as permitted by law. Iif we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. if you believe SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) has any information from or about anyone under 13, please contact us at the email address below. Contacting Us Vie can be reached by contacting: questions@SafelistBuddy.com / MikeFilsaime.com Changes to this Policy SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected. Governing law This Policy and the use of this site are governed by New York State Law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed upon mediator in the following location: Suffolk County, NY .Any cost and fees other than attorney fees associated with the mediation will be shared equally by each of us. It it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Suffolk County, NY, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. SafelistBuddy.com / MikeFilsaime.com is controlled, operated and administered entirely within SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) . This statement anti the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party. The terms on this page also apply to http://successonlinetoday.tripod.com, http://www.webaudio-generator.com, and all links that redirect to SafelistBuddy.com / MikeFilsaime.com. © Lets All Work At Home.com/SND Systems END USER SOFTWARE LICENSE AGREEMENT CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED "I ACCEPT" OR PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT IT’S TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, YOUR ORDER WILL BE CANCELED, THE SOFTWARE WILL NOT BE DOWNLOADED AND YOU WILL NOT BE CHARGED. License Grant "You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime). We hereby grant you a nonexclusive license to use one copy of the Software on any single computer, provided the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer-for example, a hard disk, CD-ROM or other storage device. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer. Title We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation"). Archival or Backup Copies You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above. Things You May Not Do The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book. You may not: Copy the Documentation, Copy the Software except to make archival or backup copies as provided above, Modify or adapt the Software or merge it into another program, Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software, Place the Software onto a server so that it is accessible via a public network such as the Internet, or Sublicense, rent, lease or lend any portion of the Software or Documentation. Transfers You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer. Limited Warranty We warrant that for a period of 90 days after delivery of this copy of the Software to you: The media on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and The Software will perform in substantial accordance with the Documentation. To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Limited Remedy Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either: Return the price you paid, or Repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Term and Termination This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession. Confidentiality The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS. Disputes This license agreement shall be governed by, construed and enforced in accordance with the laws of the California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) and/or its affiliates' intellectual property rights, SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Suffolk County, New York. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Suffolk County, New York, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. General Provisions This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software. This license agreement may be modified only by a writing signed by you and us. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. WEBSITE TERMS OF USE If you do not agree to the Terms of Use, discontinue using the site immediately! By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site. Restrictions on Use of Materials Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) or of other owners used with their permission. Database Ownership, License, and Use SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) warrants, and you accept, that SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) is the owner of the copyright of the Databases of Links to articles and resources available from time to time through SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime). SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) and its contributors reserve all rights and no intellectual property rights are conferred by this agreement. SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below. You agree to use information obtained from SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise. Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use. Liability The materials in this site are provided "as is" and without warranties of any kind either express or implied. SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Under no circumstances, including, but not limited to, negligence, shall SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) or a SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site. Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) and such information should not be relied upon as all-inclusive or accurate. Links and Marks The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) or its subsidiaries and affiliates. Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action. Confidentiality of Codes, Passwords and Information You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime), and all information to which you have access through password-protected areas of SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. Other Legal Stuff These Terms of Use will apply to every access to SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime). SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) will be a separate, discrete transaction based on the then prevailing terms. This Terms of Use and the license granted may not be assigned or sublet by You without SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime)'s written consent in advance. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Suffolk County, New York, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) and/or its affiliates' intellectual property rights, SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Suffolk County, New York, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: State of Suffolk County, New York. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: State of Suffolk County, New York, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Termination These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other SafelistBuddy.com / MikeFilsaime.com (SND Systems in association with Michael Filsaime) site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.