By signing up to participate in Ernesta's Beta Program, I represent that I agree to help Ernesta Home, Inc. ("Ernesta") in its product development and marketing efforts pursuant to the following terms and conditions ("Agreement"). I agree to participate in a consumer feedback and marketing study ("Beta Program") relating to the Ernesta products ("Products") by potentially purchasing and allowing installation of a Product selected by Ernesta and me in a mutually agreed area of my home or other location, and providing feedback on such Products as requested by Ernesta and on the Ernesta services and company generally. I understand that I can withdraw from the Beta Program at any time prior to purchase of a Product, but that I will continue to be bound by all aspects of this Agreement.In consideration of my opportunity to purchase a Product during the term of the Beta Program and other good and valuable consideration, the receipt of which is hereby acknowledged, I agree as follows:FEEDBACK: I understand and agree that any and all suggestions, comments, testimonials, reviews, information, ideas, and feedback, whether verbal, written or recorded, which I may conceive as a result of my participation in this Beta Program or receipt of a Product (collectively, "Feedback"), shall become the sole property of Ernesta and I hereby assign my rights and interests in any such Feedback to Ernesta. By signing this release I waive any right to royalties or other compensation arising or related to my participation in this Beta Program or the use of my Feedback.PERSONAL INFORMATION: Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world and, in addition to any other rights under the Ernesta Privacy Policy : (i) Ernesta and its Representatives may photograph, record, film and otherwise record me, my likeness, my voice, and areas within my home or other location in which the Product is installed, and (ii) Ernesta and its Representatives may and are hereby authorized to use all of the foregoing and my name (and account username), image, photograph, voice, video, biographical information, likeness, comments, and other personal identification, and any Feedback provided by me or on my behalf to Ernesta, in all forms and media (collectively, "Personal Information") in connection with Ernesta's business, products and services and to allow others to do the same, and may and is hereby authorized to (and to allow others to) use, copy, reproduce, disseminate, alter, edit, dub, process, and otherwise exploit any of the foregoing and derivatives thereof without any restriction as to changes or alterations in any manner that Ernesta sees fit, in any medium or technology now known or hereinafter invented, throughout the universe in perpetuity, including, without limitation, for promotion, advertising, trade or any other purpose whatsoever. I hereby relinquish and irrevocably waive any right that I may have now or in the future to examine or approve any materials (whether in printed or electronic form) that use or incorporate my Personal Information ("Materials") and I hereby waive any right to royalties or other compensation arising from the exercise of any of the rights granted herein. I agree that Ernesta is and will be the sole and exclusive owner of all right, title, and interest in and to the Materials, including but not limited to all copyrights and other intellectual property rights therein, in perpetuity throughout the world, and to the extent that I retain any right, title or interest in the Materials, I hereby irrevocably assign all such right, title and interest in and to the Materials to Ernesta.RELEASE: I hereby release, indemnify and hold harmless Ernesta, and its affiliates, agents, representatives, officers, directors, shareholders and employees ("Representatives") from and against (i) any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from my participation in this Beta Program, the use of my Feedback, or acceptance, possession, use, misuse or nonuse of Products or for any injury to me or any other person relating to or resulting from participation in this Beta Program and (ii) any claim or cause of action, whether known or unknown, related to the exercise of any of the rights granted herein (including without limitation claims based upon defamation, libel, slander, invasion of right of privacy, publicity or personality, infringement of copyright or trademark, misuse, distortion, or any similar claims).CONFIDENTIAL INFORMATION: In connection with this Agreement, I may learn of business, operational, and/or other information reasonably understood to be confidential relating to Ernesta (collectively, "Confidential Information"). During and after the term of this Agreement, I will not disclose the Confidential Information to any third party and will not use the Confidential Information for any purpose except as permitted in writing by Ernesta.AUTHORITY: I have full power and authority to enter into this Agreement, to allow installation of the Product, and to grant all the rights set forth herein. I understand that this Agreement does not obligate or commit Ernesta to provide me Product, use my Personal Information, Feedback or any other information I provide or the like, or to otherwise exercise any rights granted herein.TERM: I understand and acknowledge that Ernesta may limit or terminate the Beta Program at any time for any reason without notice to me. Any discounts or incentives offered to me during the term of the Beta Program may be changed or limited or terminated by Ernesta at any time without notice to me. In addition, Ernesta may remove me from the Beta Program at any time during the term of the Beta Program without notice to me.MISCELLANEOUS: This Agreement is in addition to the Ernesta Terms of Use, Privacy Policy, Limited Warranty and Cancellation, Refund and Exchange Policy and/or any other policies then currently in effect (the "Ernesta Policies"), all of which I agree and acknowledge are binding upon me. In the event of any conflict between the Ernesta Policies and this Agreement, the terms of this Agreement shall govern. If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so as to effectuate the original intent of the parties and this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of New York without regard to conflicts of laws provisions thereof. Ernesta may modify or amend this Agreement upon written notice to me, which may be email to the email address I provide to Ernesta in order to participate in the Beta Program, or by a posting by Ernesta on the Ernesta web site at, or both. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes all prior written and oral understandings relating to the subject matter herein.By signing up to participate in the Beta Program, I am certifying that I have read this Agreement and fully understand its contents, including the releases and assignments contained herein.