H O U S I N G & M E A L P L A N C O N T R A C T /

H O U S I N G & M E A L P L A N C O N T R A C T 2 0 1 2 / 2 0 1 3 FDU students may electronically sign this contract, to agree to and accept the terms and conditions, through FDU Webadvisor. This contract is entered into between Fairleigh Dickinson University and the party signing below. Last Name: First Name: Middle Initial: FDU Student ID: of Birth (MM/DD/YYYY): E-mail Address: Permanent Street Address: City: State/Province: Country: Zip/Postal Code: Permanent Phone Number: Cell Phone: Gender: Male Female Status: New Student Continuing Student Transfer Student ELS Student Guest (non-student) Current class standing: Freshman Sophomore Junior Senior Graduate The University and the Resident (this includes students, non-students and guests) mutually agree to be legally bound by the Terms and Conditions of this contract: 1. TERM: The term of this contract shall extend for the 2012-2013 academic year. This is not inclusive of Winter Break, Spring Break, and Summer Sessions. Residents on a year-round contract (August May), housing is inclusive of Winter and Spring Break periods. ELS students & non-student Guest contract periods are individually determined. 2. LIABILITY: The Resident will hold the University harmless from any suit, action of law or other claim whatsoever resulting from or arising out of any injury to the Resident s person or property, while an occupant of a residence hall under this contract. The Resident agrees to indemnify and hold the University harmless from all claims and liability for losses, damages or injuries that are caused by the acts, omissions or negligence of the Resident. 3. DEFAULT: In the event of non-payment of housing fees at the time provided, or of any default in any of the conditions or covenants contained herein, the University shall have the right to terminate the Resident s occupancy, and to reassign the Residence Hall room. Failure to pay in full charges for tuition, fees, room and board for the prior semester or session shall also constitute default. In the event of such default, all rights of the Resident related to occupancy of the Residence Hall will be forfeited. This contract constitutes the full and complete agreement between the Resident and the University, and may not be modified in any way without express written consent of both the Resident and the University. If the Resident is under 18 years of age, this contract must be signed in the place provided by the parent or guardian and when so signed by the Resident, shall be deemed to apply jointly and severally to the Resident and parent and/or guardian. By signing this contract, I signify that I have read and agree to all of the conditions contained in the attached contract and understand this contract is for a full academic year (2 semesters), or If new Spring resident only, contract expires at the end of the Spring semester of 2013. If Summer resident only, contract begins on and expires on. If ELS resident or Guest (non student), contract begins on and expires on. *Housing is inclusive of Winter Break, Spring Break, and Summer Sessions for all ELS residents and Guests who apply for housing during these University break periods as fees are determined accordingly. Returning residents who receive a room assignment for the Fall semester during the Room Selection process in the Spring must complete a Cancellation Request Form prior to August 15 th. Cancellations received after August 15 th are subject to the University refund schedule (see section VIII, number 12). IN WITNESS WHEREOF, the parties to this contract have affixed their signature or signatures of their authorized representatives this day of: Office of Residence Life Resident s Signature Northpointe Linden Parent or Guardian (required if Resident is under 18 years of age) University Court Office of Residence Life Signature (Metropolitan Campus) Mailbox: White Copy Office of Residence Life Yellow Copy Student Copy

2012/2013 TERMS & CONDITIONS I. INSTRUCTIONS Please read this contract carefully. Your acceptance of the Housing & Meal Plan Contract indicates your agreement to adhere to the terms and conditions of the contract. II. STATEMENT OF PURPOSE 1. It is the intention of Fairleigh Dickinson University to confer on the resident student or guest by this contract, permission to reside in the University residence halls for the purpose of pursuing educational activities at the University during the academic year. 2. The University and resident student or guest mutually agree that this contract confers permission to reside in the University residence halls, subject to the terms and conditions of this contract. The terms of this contract may be modified for individual cases only upon the mutual written consent of the resident student or guest and the University. 3. This contract does not create nor is it the intention of the parties to create a lessor-lessee relationship between the University and the resident student or guest in the utilization of the residence halls. III. ELIGIBILITY 1. Any person who has been recently admitted to the University or is enrolled as a full-time matriculating student for the academic year and who has been previously cleared through Student Health Services and the Office of Enrollment Services to become a resident student may enter into this contract with the University. Guests who reside on campus receive clearance via the Office of Residence Life. 2. The University reserves the right to terminate this contract based upon a student s enrollment status, disciplinary history/status, and/or a student not making successful progress toward a degree. 3. If a resident fails to enroll or maintain a full time status, or fails to pay fees, the resident agrees to vacate premises within 24 hours after original notification. Failure to do so will result in room and board charges accruing and disciplinary action being taken. 4. A resident may not sublease or rent a room assignment or permit another person to share a private room assignment. The resident may use the room as a residence only. 5. A resident whose housing contract is terminated by the University due to disciplinary reasons will forfeit all residency charges for the semester and be eligible for refunds only at the discretion of the Office of Residence Life, in accordance with the University refund policy (see section VIII, number 12). 3. Each semester, published check-out procedures must be completed and all rooms must be vacated within 24 hours after a resident s last final examination, or at the published time for the official closing of the residence halls, whichever comes first. Graduating students in the Fall or Spring semester must check-out of the residence halls according to the published deadlines established by the Office of Residence Life. 4. Failure to check-out properly and/or return of keys and swipe card will result in administrative fines and/or charges, and will result in the forfeiture of your right to appeal any damage billing and results in additional administrative fines and charges. 5. Residents may not occupy or leave personal belongings in any residence hall before the hall is officially open, or after the halls have closed for the academic year. V. APPLICATION PROCEDURES 1. Freshman applications must be received by May 1 st for primary housing consideration. Assignments are made based on deposit date, and do not guarantee assignment in a double occupancy room. 2. Entering freshman, transfer, and new graduate students should return a completed Housing & Meal Plan Application and a $350.00 deposit to the Office of Admissions. The $350.00 deposit consists of a $200.00 nonrefundable room deposit and a $150.00 security deposit. 3. Housing & Meal Plan Applications will not be processed until both the Housing & Meal Plan Application and required deposits have been received. 4. Returning residents who have a security deposit on record with the Office of Enrollment Services should complete the Housing & Meal Plan Application then take it to the Office of Enrollment Services, and pay the annual $200.00 room deposit. The Office of Enrollment Services will validate the Housing & Meal Plan Application and the student must return it to the Office of Residence Life. If the Spring Room Selection has passed, return the Housing and Meal Plan Application to the Office of Residence Life after the Office of Enrollment Services has validated it. 5. All former residents who do not have a $150.00 security deposit on file with the Office of Enrollment Services must also submit a $150.00 security deposit in addition to the $200.00 room deposit to the Office of Enrollment Services before their applications will be processed. 6. The room deposit will be applied to the room charge in the first semester of the contract period provided that the resident does not forfeit the deposit (see section VIII, number 12). IV. PERIOD OF CONTRACT 1. This contract is for two academic semesters (Winter Break, Spring Break, Summer Sessions, and other times when classes are not in session as determined by the applicable academic calendar are excluded) and, when approved, entitles the applicant to a space in the residence halls. Anyone needing housing when the University is officially closed or over a break period will require approval from the Office of Residence Life and incur separate charges if housing is available and approved 2. This contract does not apply to Summer and Winter Session Housing which are contracted separately. Applications are available in the Office of Residence Life prior to the respective recess. During these periods, residents may be consolidated into specific halls and food service is not guaranteed.

VI. ASSIGNMENTS 1. The University cannot guarantee a student a particular type of accommodation. Assignment to rooms in the residence halls will be made in accordance with the established policy for priorities and on the basis of available space. 2. The resident agrees to provide the University with the information and preferences requested on the Housing & Meal Plan Application for the purpose of hall, room, and roommate assignments. The resident will be held accountable for the information they provided on the Housing & Meal Plan Application. Residents furnishing false information on their applications may be subject to termination of their contract. 3. Requests for assignment with a specific roommate will be honored whenever possible based on the condition that both have requested each other, have submitted their applications together and each has a deposit on record at the time the request is made and space is available. 4. A freshman can be assigned to a room either before or after he/she has been matched with a roommate. 5. Most residents are accommodated in double rooms; however, depending on demand, students may be placed in a triple. The cost may vary depending on room type. 6. Applications filed by returning residents will be given priority only if their application is received in accordance with the Spring Room Selection Process. 7. Double rooms, unless otherwise specified, are to be occupied by two persons. In the event that one of the registered occupants moves from the room, the Office of Residence Life can reassign the space without previous notice. The remaining student must be prepared to receive a roommate at all times. The remaining resident may not deter someone from selecting the empty space in his or her room. If this occurs, the remaining resident could be reassigned at the discretion of the Office of Residence Life. 8. If a vacancy occurs in the assigned room, the remaining resident agrees to accept another roommate as assigned, move to another room if requested, or ONLY if space permits, pay additional charges to maintain the room as a single. 9. If space permits, the Office of Residence Life reserves the right to, at their sole discretion, consolidate available spaces or to assign the double room as a single at an increased rate. 10. Room charge refunds for residents during extended periods of overflow housing and all final decisions on assignments will be determined solely by the Office of Residence Life. 11. The University determines all assignments without regard to race, color, religion, sexual preference or affectation, disability, or national origin. Requests for a room reassignment based on reasons of race, color, religion, sexual preference or affectation, disability, or national origin will not be considered. 12. The University reserves the right to modify room assignments for disciplinary reasons, health, safety, catastrophe, closing of facility, or irresolvable incompatibility of roommates. The University further reserves the right to cancel or terminate this contract for disciplinary/administrative reasons or when the University deems that the resident s conduct poses an infringement or potential danger to himself/herself or others. 13. The University reserves the right to relocate residents of a room/ suite at the discretion of a Residence Life Staff Member or other authorized University officials in cases where that staff member feels it is impossible to determine fault or if they feel that a conflict is not able to be resolved. 14. The University reserves the right to temporarily or permanently reassign a student based on an alleged or actual violation of community standards. the privilege of residing on campus for the subsequent semester may be revoked. 16. Temporary, expanded occupancy, primarily in freshman halls, is occasionally necessary in the fall semester until reassignment occurs. VII. ASSIGNMENT CHANGES 1. Rooms will be occupied only upon assignment by the Office of Residence Life. Room changes or housing cancellations must be preapproved by the Office of Residence Life. 2. All room changes effective for the spring semester must be approved and completed prior to the Winter Break period. 3. All residents must receive prior authorization from the Office of Residence Life to cease to reside in their assigned rooms or to terminate their contract. Students withdrawing from the University or transferring, taking a leave of absence, or attending another FDU campus, must complete a Cancellation Request Form available in the Office of Residence Life. 4. The Office of Residence Life reserves the right to levy an administrative charge for unauthorized moves or failure to follow proper check-in/check-out procedures. Residents must check-in by the first day of class or notify the Office of Residence Life in writing of late arrival to schedule a check-in appointment. VIII. CANCELLATIONS AND REFUNDS 1. The $150.00 security deposit will be maintained in an escrow account until such time the resident withdraws in writing at the end of the contract period, or it may be applied to housing for the following year as a security deposit. The $200.00 room deposit is non-refundable. 2. Returning students that participated in the Room Selection Process in the previous Spring semester must complete a Cancellation Request Form by August 15 th. 3. Students who do not claim their room assignment and keys on the first day of classes by 5:00 p.m. in the Fall or Spring semester, are subject to cancellation and/or room reassignment. In addition, you may be subject to any applicable room and board fees. Failure to pick up a key will not release a student from the contract obligation. 4. All students who claim their room assignments and key(s) for the Fall semester will be charged for both Fall and Spring semester, provided that they are academically enrolled at the University for both fall and spring semester. 5. Residents of the Fall semester that are enrolled in classes for the following Spring semester are required to remain in residence. Contracts for the Spring semester may be cancelled without penalty for the following reasons only; graduation, transferring to another institution, taking a leave of absence, academic internships or Co-ops, attendance at another FDU campus, or withdrawal from the University. A Cancellation Request Form must be submitted to the Office of Residence Life by November 1 st. Any student failing to meet this deadline will be assessed an administrative late fee. 6. Current Fall residents who desire to be released from their contract for reasons other than stated above for the Spring semester must submit a Cancellation Request Form to the Director of Residence Life. The deadline is November 1 st. Residents withdrawing after the deadline will be assessed an administrative late fee. The decision of the Director of Residence Life is final. If your request is approved, at minimum, there will be a $200 penalty fee billed to the residents student account. Any refunds, if applicable, will be based on the University refund policy (see section VIII, number 12). 7. Residents who have been released from their contracts due to exclusion, transferring, or withdrawal must vacate their rooms, checkout with a staff member, and return all key(s)/id card issued by the University to the Office of Residence Life prior to the end of the Fall semester. Otherwise they will incur charges in accordance with the University refund policy (see section VIII, number 12). 15. Disciplinary records will be reviewed at the end of each semester. Based on a committee's review of an individual's disciplinary history, 2 0 1 2 / 2 0 1 3 T E R M S A N D C O N D I T I O N S, p a g e 2

8. Residents who have been excluded from the University for academic reasons MUST notify the Office of Residence Life immediately in writing. Withdrawals will be processed when a Cancellation Request Form is submitted, belongings are removed and key(s)/id card issued by the University are returned to the Office of Residence Life. Failure to do so may result in room and board charges being assessed. Refunds will be made in accordance with the University refund policy (see section VIII, number 12). 9. If a student files the appropriate Cancellation Request Form but does not remove personal belongings and return all issued key(s)/id card, they will continue to be billed. Additional charges may be assessed for the removal and/or storage of personal belongings. Belongings will be discarded if not claimed within one (1) week of the date on the Cancellation Request Form. The University does not assume any responsibility for unclaimed items. 10. Students requesting housing for the spring semester must submit a $150.00 security deposit, $200.00 room deposit and the Housing & Meal Plan Application to the Office of Enrollment Services. If space is available in the halls, the room deposit is nonrefundable. 11. All refunds are contingent upon the following conditions: a. Compliance with University Policy and the provisions of Housing & Meal Plan Contract; b. Prior settlement of all damage charges and fines; c. Written notification and timely notice to the Office of Residence Life regarding cancellation of room assignment. 12. Residents who withdraw from the University and/or the residence halls after signing this agreement will forfeit their room deposit. They may be entitled to a partial refund of the room & board charges, providing the resident adhered to established procedures. Listed below is the University refund schedule for determining room and board refunds. Week Amount Refunded Amount Retained by the University Prior to Aug 15 th 100% 0% After Aug 15 th, but prior to the start of the academic year 90% 10% First Week 80% 20% Second Week 70% 30% Third Week 60% 40% Fourth Week 40% 60% Fifth Week 20% 80% No Refunds after fifth week of the semester 13. All refunds for room charges or deposits are made in the form of credit to the student s receivable account of Fairleigh Dickinson University, Office of Enrollment Services. 14. The University reserves the right to cancel room assignments of those students who are not registered for classes (12 credits undergraduate or 9 credits graduate) by July 15 th for the Fall Semester and January 15 th for the Spring semester. IX. FURNISHINGS, UTILITIES, AND SANITATION 1. The University agrees to equip resident rooms to accommodate each resident with a bed, chest of drawers, closet space, desk, and desk chair, with the exception of residence hall rooms/spaces converted to accommodate additional residents. 2. The resident agrees to provide bed linens, blankets, pillows, and lamps and assumes responsibility for the proper cleaning and maintenance of all items in his/her room. 3. The University assumes no liability for loss or damage to a resident s personal property due to fire, theft, or other causes. The temporary failure or interruption of water, heat, or other utilities shall give residents no claim for damages or reduction of fees. Residents are strongly encouraged to obtain personal property insurance. 4. Residents may not move or rearrange any stationary furniture, or move any authorized University furniture from their room/suites. Additionally, residents may not move any furniture belonging to the University into their room/suite that was not originally intended to be in the room. 5. The University reserves the right to levy and collect charges for damages, unauthorized use, or alterations to rooms, furnishings, or equipment. 6. The resident may not install equipment, make alterations, or do repairs to their room without prior permission from the Office of Residence Life and Campus Facilities. 7. Modifications of intended use of room furnishings are prohibited. 8. The University will provide reasonable amounts of heat, cooling, water, and electricity during the contract period. Interruptions of any or all of these services on a temporary basis for reasons including, but not limited to maintenance, repair, or catastrophe will not be considered a breach of the contract, and the University assumes no responsibility for damages such as food spoilage. If an interruption occurs, the University will coordinate with the utility company to restore the affected service within a reasonable time. 9. Residents are to maintain sanitary standards that protect the safety, health, and well being of all residents. All residents will be responsible for cleaning and maintaining sanitary standards within the room, suite, and residence hall facility. X. CARE OF FACILITIES 1. The resident agrees to be directly and financially responsible for keeping the room/suite, and their furnishings clean and free from damage, and to cooperate with roommates in immediately informing the staff of any deteriorated conditions of the room/suite or its furnishings. 2. The resident agrees to pay charges when assessed for damages or special housekeeping /maintenance services, due to misuse or abuse of facilities for which the resident is responsible. The resident also agrees to pay an equal portion of charges assessed to all occupants of a room/suite/building when those persons responsible fail to assume responsibility of the damages. 3. The University reserves the right to assess residents of a complex, hall, floor or suite the expense of repairs or replacement of any property damages in common areas used by those residents and/or guests, unless the individual or individuals, responsible for the damage is identified. 4. The resident agrees to use public areas and residential corridors in a careful and proper manner and to contribute to the orderliness and cleanliness of all areas used by residents and guests. 5. The resident agrees to report loss of any key(s)/id card and pay additional charges associated for key/id card replacement and changing the locks on the doors affected. Failure to return assigned keys/id card upon checkout/withdrawal will result in additional charges. XI. ROOM ENTRY AND INSPECTION 1. The University reserves the right to enter and inspect rooms for the purpose of: a. Checking for violations of University policy, as well as, federal, state, and local laws. b. Maintaining sanitary standards that protect the safety, health and well being of all residents. c. Ensuring that University property is being properly maintained, completing repairs, and fulfilling custodial responsibilities. d. Conducting Health & Safety Inspections. e. Ensuring against fire hazards and other conditions which may place the resident or community in danger, potential harm or reasonable apprehension of harm. f. Dealing with emergency situations, including assisting Police, Fire, or Emergency personnel. 2 0 1 2 / 2 0 1 3 T E R M S A N D C O N D I T I O N S, p a g e 3

g. Addressing a problem in a room/areas where the occupants are not present and/or cannot be contacted but has created a situation which disrupts other students living in the community (alarm clock, stereo, etc.) 2. Room Inspections A room inspection is a visual assessment of a residence hall room conducted by University officials or representatives from outside agencies such as the Fire Inspector. While any University employee may be authorized, staff members in Residence Life, including Resident Assistants, Public Safety, and Campus Facilities are primarily responsible for completing an inspection. During an inspection, it is required to physically check all University furnishings. Moving a resident s personal belongings may be necessary if the belongings impede the inspection process. If a staff member discovers, in plain view, any item prohibited by the University, they are authorized to confiscate the item. Written documentation of this action will be left. Afterwards, students are required to contact the Office of Residence Life to discuss the matter in a judicial meeting. Confiscated items become property of the University and will be discarded or, when possible, donated to a local charity. Items will not be returned to residents. 3. Room Searches A room search is an extensive physical examination of the fixtures, furnishings, and personal property including, but not limited to, desks/drawers, closets, refrigerators as well as any adjoining room such as a bathroom. Only the Department of Public Safety is authorized to conduct a room search. On occasion, a Residence Life professional staff member may be present. Prior to the search, Public Safety will make a reasonable attempt to contact and inform the occupant(s) of the reason for the search and offer them the opportunity to voluntarily produce items or materials sought. While students may be present, they are not permitted to interfere or stop a search and are expected to comply with any reasonable request from a University official, including having to empty their pockets, purse, knapsack, etc. While a warrant is not required, the decision to conduct a search will be based on the determination of reasonable cause. This is defined as sufficient facts and/or circumstances, which warrant a reasonable person to believe beyond mere suspicion that an alleged violation has occurred. Illegal items, including those prohibited by the University, will be confiscated and/or immediately destroyed. Depending on the item confiscated, it may also be turned over to local law enforcement agencies for criminal prosecution. Confiscated items may be retained as evidence for either a University hearing or criminal proceedings. It is at the discretion of the Director of Public Safety whether a confiscated item retained as evidence is returned to the student. XII. FEES AND BILLING 1. The Board of Trustees establishes the annual housing and meal plan fees for the academic year. Students will be notified of appropriate housing and meal plan fees by the Office of Enrollment Services. All University fees are subject to change at the discretion of the Board of Trustees. 2. Prior to moving into the residence halls and/or receiving keys at the beginning of each semester, the resident must be cleared by both, the Office of Enrollment Services and Student Health Services. Enrollment Services Clearance consists of settlement of all previous assessments, verification of class registration, and prepayment of tuition, room and board, and general fees for the current semester. Student Health Clearance is based on a student s compliance with required immunizations and submissions of all necessary health records. 3. Each resident student will be mailed a bill for the upcoming semester s room and board charges (one-half of the annual charge) approximately 30 days prior to the beginning of the semester, provided that the resident has met all published deadlines by the Office of Residence Life. XIII. FOOD AND OTHER SERVICES 1. All undergraduate residents are required to participate in one of the University s meal plans. Reductions to the meal plan requirement can be made for medical, religious or schedule conflict (academic/work/internships, Allied Health practicum, or student teaching) reasons only when supported by documentation acceptable to the University. All requests for reductions must be received by the first day of classes each semester. Meal Plan Reduction Forms are available in the Office of Residence Life. More information is available in the Office of Residence Life or at www.fdu.edu/reslifemetro. 2. Residents who reside in Linden 6, University Court 4, University Court 6, or University Court 10 can request Meal Plans D or F in addition to Meal Plans A or B. You must submit a Meal Plan Change Request in the Office of Residence Life by the first day of classes each semester. 3. Washers and dryers are available in the residence hall areas for resident use only. No linen service is provided. 4. Mail is delivered each weekday, excluding holidays and days the University is closed, to student mailboxes. Mailboxes should be checked each day. This is the official means of communication with the resident student. Each student is required to have an assigned mailbox. 5. Fairleigh Dickinson University has partnered with Rave Wireless and Sprint to provide students with a new mobile phone-based safety and academic communication system. At their option, resident students may order, activate and pick up an FDU Smart Communications Device. Resident students are eligible for special discount plans from FDU Smart Communications. 6. FDU Smart Communications is considered an official mode of communication for certain emergencies, vital information and routine business. Residents who do not opt into the FDU Smart Communications Program must provide the University with a primary local (mobile) contact number. Residents who fail to provide appropriate contact information will be held responsible for any information distributed by this means. Resident Students failing to maintain his/her FDU Smart Communications handset or account and/or provide the university with up to date mobile contact information, agree to hold the University harmless in the event they do not receive certain information distributed in this manner. In addition, these residents may be subject to administrative actions including, but not limited to, student account holds, housing registration holds and/or suspension of their residence hall access. For the most current information regarding the FDU Smart Communications Program, please visit http://fdumobile.fdu.edu. 7. The University provides each residence hall bed with access to the Local Area Network (LAN) system. This system is a common server that utilizes multiple software packages, including Internet and e-mail servers. Students must purchase an Ethernet card to access this system. Students must comply with all University computing policies, including the acceptable use policy. 8. Each student is required to setup a University Webmail Account. The Office of Residence Life sends out routine information and reminders, as well as emergency information, and other communications to students Webmail Accounts. Students must check their accounts on a regular basis. Students will be held responsible for information sent to this official means of University communication. XIV. RESIDENCE HALL REGULATIONS 1. The Residence Hall regulations are enacted to protect the general welfare of the residential community. Residents agree to abide by all Residence Hall regulations, University Code of Conduct and other such rules, policies, and procedures established by the University. 2. Infractions of any of these regulations may result in administrative or disciplinary actions including, but not limited to fines, loss of privileges, change of residency, or disciplinary penalties. Conduct which is inconsistent with the goals and objectives of Fairleigh Dickinson University will not be tolerated. Students are required to become familiar with and abide by, their rights and responsibilities as outlined in this contract, the Student Handbook, Resident Handbook, Residence Hall Community Code, the Code of Student Rights, Responsibilities and Conduct, and in any additional publications from the Office of Residence Life or the University. 3. The Resident Handbook is available in the Office of Residence Life and the Student Handbook is available in the Dean of Students Office, and at http://www.fdu.edu. 4. Disciplinary records will be reviewed at the end of each semester. Based on a committee s review of an individual s disciplinary history, the privilege of residing on campus for the subsequent semester may be revoked. XV. LIABILITY 1. The University does not assume responsibility for the resident s or other person s loss of money or valuables or for loss of, or damage to personal property for any reason. The University recommends that the resident contact an insurance carrier concerning the availability of protection against such losses. 2 0 1 2 / 2 0 1 3 T E R M S A N D C O N D I T I O N S, p a g e 4