Disclaimer

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. JOHN MICHAEL ENTERPRISES, LLC MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.     

    The entire contents of the Site are protected by international copyright and trademark laws. The owner of the     copyrights and trademarks are John Michael Enterprises, LLC, its affiliates or other third party licensors.     

    YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR     DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE     AND/OR SOFTWARE.     

    You may print and download portions of material from the different areas of the Site solely for your own     non-commercial use provided that you agree not to change or delete any copyright or proprietary notices     from the materials. You agree to grant to John Michael Enterprises, LLC a non-exclusive, royalty-free,     worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create     derivative works of, publicly display and publicly perform any materials and other information (including,     without limitation, ideas contained therein for new or improved products and services) you submit to any     public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to John Michael     Enterprises, LLC by all means and in any media now known or hereafter developed. You also grant to John     Michael Enterprises, LLC the right to use your name in connection with the submitted materials and other     information as well as in connection with all advertising, marketing and promotional material related     thereto. You agree that you shall have no recourse against John Michael Enterprises, LLC for any alleged     or actual infringement or misappropriation of any proprietary right in your communications to John Michael     Enterprises, LLC.     

    Publications, products, content or services referenced herein or on the Site are the exclusive trademarks     or servicemarks of John Michael Enterprises, LLC. Other product and company names mentioned in the     Site may be the trademarks of their respective owners.     

2. Use of the Site.     

    You understand that, except for information, products or services clearly identified as being supplied by     John Michael Enterprises, LLC, John Michael Enterprises, LLC does not operate, control or endorse any     information, products or services on the Internet in any way. Except for John Michael Enterprises, LLC     identified information, products or services, all information, products and services offered through the Site     or on the Internet generally are offered by third parties, that are not affiliated with John Michael Enterprises,     LLC.     

    You also understand that John Michael Enterprises, LLC cannot and does not guarantee or warrant that files     available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or     other code that manifest contaminating or destructive properties. You are responsible for implementing     sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input     and output, and for maintaining a means external to the Site for the reconstruction of any lost data.     

    YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE     INTERNET. JOHN MICHAEL ENTERPRISES, LLC PROVIDES THE SITE AND RELATED     INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,     REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION     WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF     MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE     SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE     OR ON THE INTERNET GENERALLY, AND JOHN MICHAEL ENTERPRISES, LLC SHALL NOT BE     LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY     SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,     COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND     OTHER INFORMATION PROVIDED THROUGHT THE SERVICE OR ON THE INTERNET GENERALLY.     JOHN MICHAEL ENTERPRISES, LLC DOES NOT WARRANT THAT THE SERVICE WILL BE     UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.     

    YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED     MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR     ACCESS TO SUCH MATERIALS IS AT YOUR RISK. JOHN MICHAEL ENTERPRISES, LLC HAS NO     CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.     

    LIMITATION OF LIABILITY     

    IN NO EVENT WILL JOHN MICHAEL ENTERPRISES, LLC BE LIABLE FOR (I) ANY INCIDENTAL,     CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR     LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE     LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,     OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR     ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF JOHN MICHAEL ENTERPRISES, LLC     OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH     DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER     INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED     THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR     LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE     LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, JOHN MICHAEL ENTERPRISES, LLC     LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.     

    John Michael Enterprises, LLC makes no representations whatsoever about any other web site which you     may access through this one or which may link to this Site. When you access a non-John Michael     Enterprises, LLC web site, please understand that it is independent from John Michael Enterprises, LLC,     and that John Michael Enterprises, LLC has no control over the content on that web site. In addition a link     not mean that John Michael Enterprises, LLC web site does not mean that John Michael Enterprises,     LLC endorses or accepts any responsibility for the content, or the use, of such web site.     

3. Indemnification.     

    You agree to indemnify, defend and hold harmless John Michael Enterprises, LLC, its officers, directors,     employees, agents, licensors, suppliers and any third party information providers to the Service from and     against all losses, expenses, damages and costs, including reasonable attorneys? fees, resulting from any     violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing     the Service.     

4. Third Party Rights.     

    The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of John     Michael Enterprises, LLC and its officers, directors, employees, agents, licensors, suppliers, and any third     party information providers to the Service. Each of these individuals or entities shall have the right to     assert and enforce those provisions directly against you on its own behalf.     

5.Term; Termination.     

    This Agreement may be terminated by either party without notice at any time for any reason. The provisions     of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4     (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.     

6.Miscellaneous.     

    This Agreement shall all be governed and construed in accordance with the laws of The United States of     America applicable to agreements made and to be performed in The United States of America. You agree     that any legal action or proceeding between John Michael Enterprises, LLC and you for any purpose     concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal     or state court of competent jurisdiction sitting in the United States of America. Any cause of actioin or     claim you may have with respect to the Service must be commenced with one (1) year after the claim or     cause of action arises or such claim or cause of action is barred. John Michael Enterprises, LLC's failure     to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a     waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall     act to modify any provision of this Agreement. John Michael Enterprises, LLC may assign its rights and     duties under this Agreement to any party at any time without notice to you.     

    Any rights not expressly granted herein are reserved.