LJK Website Terms of Use and Notices

AGREEMENT BETWEEN YOU AND THE LJK INTRANET/EXTRANET/INTERNET WEB SITES

The LJK Web Site is made up of various Web sites and Web pages operated by LJK Companies Inc. or its affiliates (collectively, the "LJK Web Sites"). This Terms of Use and Notices applies to the LJK Web Site and does not apply to the content of third parties.

The LJK Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the LJK Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular LJK Web Site included within the LJK Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").

Additionally, the LJK Web Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, sweepstakes or chat areas).

In the event that any of the terms, conditions, and notices contained herein conflict with other terms and guidelines contained within any particular LJK Web Site, then these terms shall control.

MODIFICATION OF THESE TERMS OF USE

LJK Companies reserves the right to change the terms, conditions, and notices under which the LJK Sites/Services are offered, including but not limited to the charges associated with the use of the LJK Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the LJK Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the LJK Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the LJK Sites/Services. Without the advance express written permission of LJK, you may not ‘meta-search’ the LJK Sites/Services, send, or cause to be sent, any automated queries of any sort to the LJK Sites/Services, or use the LJK Sites/Services in any commercial manner.

LINKS TO THIRD PARTY SITES

The LJK Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of LJK Companies and LJK Companies is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LJK Companies is not responsible for webcasting or any other form of transmission received from any Linked Site nor is LJK Companies responsible if the Linked Site is not working appropriately. LJK Companies is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LJK Companies of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the LJK Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. LJK Companies shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the LJK Sites/Services, you will not use the LJK Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the LJK Sites/Services in any manner that could damage, disable, overburden, or impair any LJK Site/Service(s) (or the network(s) connected to any LJK Site/Service(s)) or interfere with any other party's use and enjoyment of any LJK Site/Service(s). You may not attempt to gain unauthorized access to any LJK Site/Service, other accounts, computer systems or networks connected to any LJK Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the LJK Sites/Services.

USE OF SERVICES

The LJK Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which is made available through the LJK Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Use of meta tag searches on the web sites.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an LJK Site/Service(s) or other user or usage information or any portion thereof.

LJK Companies reserves the right at all times to disclose any information as LJK Companies deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LJK Companies's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. LJK Companies does not control or endorse the content, messages or information found in any Communication Service and, therefore, LJK Companies specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized LJK Companies spokespersons, and their views do not necessarily reflect those of LJK Companies.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO LJK COMPANIES OR POSTED AT ANY LJK WEB SITE

LJK Companies does not claim ownership of the materials you provide to LJK Companies (including feedback and suggestions) or post, upload, input or submit to any LJK Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting LJK Companies, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all LJK Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a LJK Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. LJK Companies is under no obligation to post or use any Submission you may provide and LJK Companies may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE LJK SITES/SERVICES

All content and software (if any) that is made available to view and/or download in connection with the LJK Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of LJK Companies Inc. and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, LJK Companies Inc. hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular LJK Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LJK SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE LJK SITES/SERVICES AND TO THE INFORMATION THEREIN. LJK Companies AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LJK SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE LJK SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

LJK COMPANIES INCORPORATED AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE LJK SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LJK COMPANIES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT LJK COMPANIES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN LJK SITE/SERVICE. YOU SPECIFICALLY AGREE THAT LJK COMPANIES IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT LJK COMPANIES IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN LJK SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL LJK COMPANIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LJK SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE LJK SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LJK SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE LJK SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LJK COMPANIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LJK SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LJK SITES/SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that LJK Companies may establish limits concerning use of any LJK Service offered on an LJK Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any LJK Service, the maximum number of e-mail messages that may be sent from or received by an account on any LJK Service, the maximum size of an e-mail message that may be sent from or received by an account on any LJK Service, the maximum disk space that will be allotted on LJK Companies's servers on your behalf, and the maximum number of times and duration you may access any LJK Service in a given period of time.

You agree that LJK Companies has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any LJK Service. You acknowledge that LJK Companies reserves the right to log off accounts that are inactive for an extended period of time.

LJK COMPANIES MAKES NO WARRANTY THAT ANY LJK SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

LJK Companies reserves the right, in its sole discretion, to terminate your access to any or all LJK Sites/Services and the related services or any portion thereof at any time, without notice.

LJK Companies may also terminate or suspend your access to LJK Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by LJK Companies. Upon termination of the LJK Site/Service, your right to use the LJK Site/Service immediately ceases.

LJK Companies shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

LJK Companies will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay LJK Companies liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay LJK Companies's actual damages, to the extent such actual damages can be reasonably calculated.

GENERAL

This agreement is governed by the laws of the State of Minnesota, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Hennepin County, Minnesota, U.S.A. in all disputes arising out of or relating to the use of the LJK Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LJK Companiesas a result of this agreement or use of the LJK Sites/Services. You agree to indemnify and hold LJK Companies, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the LJK Sites/Services. LJK Companies reserves the right to disclose any personal information about you or your use of the LJK Sites/Services, including its contents, without your prior permission if LJK Companies has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of LJK Companies or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. LJK Companies's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LJK Companies's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the LJK Sites/Services or information provided to or gathered by LJK Companies with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LJK Companies with respect to the LJK Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LJK Companies with respect to the LJK Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the LJK Web Sites are: Copyright (c) 2001 - 2005 LJK Companies, Inc. and/or its suppliers. All rights reserved.

Any rights not expressly granted herein are reserved.

©2005 LJK Companies. All rights reserved.