ZAGAT TO GO Brought to You by Visa Signature Terms and Conditions

1. General Information; Definition of Terms. Zagat Survey, LLC is offering free subscriptions to the ZAGAT TO GO service (the “Subscriptions”) to the first 1,500 individuals who complete the subscription process. The Subscriptions are available on a first come, first served basis and will remain in effect for 365 days from the date of activation and will expire on the 366th day after activation (the “Expiration Date”). Subscriptions will provide access to content and software updates for the life of the Subscription. Free subscriptions are available for Palm, Pocket PC/Windows Mobile and BlackBerry devices only (the “Approved Devices”). Visa U.S.A. Inc. and its Member financial institutions have not sponsored or offered this promotion in any way.

2. Eligibility. This offer is not available to existing ZAGAT TO GO subscribers. Only one free Subscription per individual is permitted.

3. Redemption and Renewal. To redeem the free Subscription you must complete the online registration process with the serial number provided to you via email. If you choose not to renew your Subscription, then the software will cease to function on your Approved Device after the Expiration Date.

4. Assignment. You may not transfer or assign your Subscription without our written agreement.

5. End-User License Agreement. Your use of the ZAGAT TO GO service covered by the subscription is governed by the terms of the End-User license Agreement for the ZAGAT TO GO service, available at http://mobile.zagat.com/eula/terms.htm.

6. Disclaimer of Warranties and Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZAGAT DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR MAINTENANCE SERVICES. IN NO EVENT SHALL ZAGAT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF ZAGAT OR ONE OF THEIR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBIILTY OF SUCH DAMAGE. FOR THE AVOIDANCE OF DOUBT, ZAGAT SHALL HAVE NO LIABILITY FOR ANY DAMAGES TO AN APPROVED DEVICE FOR DAMAGES ARISING OUT OF THE INSTALLATION OF THE ZAGAT TO GO SOFTWARE.