EMMERT WEB SITE TERMS & CONDITIONS

This Web Site (this “Site”) is provided by Emmert Industrial Corp., which does business as Emmert International (“Emmert”), and may be used for informational purposes only. By using the Site or downloading materials from this Site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use this Site or download materials from this Site.

LIMITED LICENSE

Subject to the terms and conditions set forth in this notice, Emmert grants you a non-exclusive, non-transferable, limited right to access, use, and display this site and the materials contained on this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Emmert authorizes you to view and download the information (the “Materials”) at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: (1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; (2) you may not modify the Materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose; and (3) you must not transfer the Materials to any other person unless you give that person notice of, and that person agrees to accept, the obligations arising under this notice. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Emmert does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.

DISCLAIMER

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. EMMERT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. EMMERT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. EMMERT MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS, AND THE PRODUCTS, PROGRAMS, SERVICES, OR PRICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

THIRD PARTY SITES

Emmert may provide links to Web sites operated by other people. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Emmert makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing on any linked Web site. Links do not imply that Emmert sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Emmert.

EXTERNAL LINKS TO THE SITE

All links to this Site must be approved in writing by Emmert.

PRIVACY

Emmert will not trade, sell, or rent any personally identifiable information submitted to Emmert through this Site. Emmert will use your name and personal information only for correspondence purposes.

INFORMATION PROVIDED BY YOU

Emmert does not want you to, and you should not, send any confidential or proprietary information to Emmert through this Site. You agree that any information or materials that you provide to Emmert will not be considered confidential or proprietary. By providing any such information or materials to Emmert, you grant to Emmert an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute such information and materials, and you agree that Emmert is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Emmert. You recognize that Emmert does not want you to, and you warrant that you shall not, provide any information or materials to Emmert that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

LIMITATIONS OF DAMAGES

IN NO EVENT SHALL EMMERT OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS SITE OR ANY LINKED SITE, EVEN IF EMMERT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CHANGES

Emmert reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this notice in whole or in part, at any time. Changes in this notice will be effective when notice of such change is posted. Your continued use of this Site after any changes to this notice are posted will be considered acceptance of those changes.

Emmert may terminate, change, suspend, or discontinue any aspect of this Site. Emmert also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability. Emmert may terminate the authorization, rights, and license given above, and, upon such termination, you shall immediately destroy all Materials.

INTERNATIONAL USERS AND CHOICE OF LAW

This Site is controlled, operated, and administered by Emmert from its offices within the United States of America. Emmert makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of United States export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. The terms and conditions contained in this notice shall be governed by the laws of the State of Oregon, without giving effect to its conflict of laws provisions.

This notice constitutes the entire agreement between Emmert and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this notice or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this notice, and the remainder of this notice shall continue in full force and effect.