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Welcome to Our Web Site; Acceptance of the Agreement.

We maintain this Web Site as a service to our customers. By using the Site, you are agreeing to comply with and be bound by this Terms of Use Agreement. You acknowledge and agree that your use of the Site has the same effect as manually signing a contract and, thus, creates a valid, binding contract between you and us. If you do not agree to all of the terms of this Agreement, you should proceed no further. This Agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content or services provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement at any time from time to time without specific notice to you. The latest version Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. For your convenience and future reference, the date of the version of the Agreement set forth on the Site is listed below.

Copyright.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, modifying, distributing, transmitting, displaying, selling, licensing, using or publishing or creating derivative works by you of any such matters or any part of the Site, except as expressly allowed by the Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Trademarks.

The Site contains certain marks and logos that may be our trademarks or registered trademarks of or those of our subsidiaries and affiliates. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Limited Right to Use.

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, display, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). We may provide links on the Site to other websites, which are not under our control. In general, any website which has an address (or URL) different from this Site is such a website. These links are provided for convenience only and are not intended as an endorsement by us of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

You may provide a hypertext link to the Site on another website, provided that: (a) the link must be clearly marked to the URL of the Site, (b) the link must "point" to the URL home page, and not to any other pages within the Site, (c) the appearance, position, an other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position, and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us, (d) the link, when activated by a user, must display this Site full-screen and not within a "frame" on the linked website, and (f) we may, in our sole discretion, revoke consent to link to the Site at any time. 

Editing, Deleting and Modification.

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Indemnification.

You agree to indemnify, defend and hold attorneys, staff, and us and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
 

Disclaimer.

THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, SECURITY OR ACCURACY). OUR AFFILIATED PARTIES AND WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY OF THE CONTENT OR SERVICES OBTAINED FROM THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

March 2001

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©2001 Minegar's Eagle's Nest

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