MidwestPools.com USER AGREEMENT

Welcome to MidwestPools.com's User Agreement. This Agreement is a legal agreement between you and MidwestPools.com regarding your use of MidwestPools.com's Web site proprietary services ("Services"). By using the Services, you are agreeing to the terms and conditions included in this Agreement (the "Terms of Service").

1. MidwestPools.com Services. This agreement covers your use of MidwestPools.com's Services on this site only. Your use of services on other sites will be covered by separate agreements. Our Services are available only to individuals who can form legally binding contracts under applicable law, and therefore, excludes minors.

2. Use of the Services. You may use the Services for personal and business purposes. However, you may not sell, lease or resell the services to or on behalf of any other party. In addition, you may not use, or permit to be used, MidwestPools.com Services in violation of any applicable law, regulation or policy, or in violation of any third parties' rights.

3. Terms and Conditions of Use.

(a) Agreement to Terms. By using the information, services and products available through MidwestPools.com you are agreeing to the terms and conditions contained herein.

(b) Modification. MidwestPools.com reserves the right to modify the Terms of Service at any time, and such modifications shall be effective immediately upon the earlier of posting of the modified Terms of Service or by e-mail notification to you.

(c) You agree to review these Terms of Service periodically to be aware of such modifications, and your continued access or use of this web site shall be deemed your acceptance of the modified Terms of Service.

(d) You agree that these standards for notice of changes are reasonable.

(e) You acknowledge and agree that MidwestPools.com or its affiliates may deny you access to or use of all or part of this Web site without prior notice if you engage in any conduct or activities that MidwestPools.com in its sole discretion believes violates any of these Terms of Service, violates the rights of MidwestPools.com, or is otherwise inappropriate for continued access and use of this Web site.

4. Your Information.

(a) By giving us your e-mail address, you are certifying in this Agreement that you have the right to use your e-mail address.

(b) By providing information to us via this Web site (such as feedback, data, comments, questions, suggestions, plans or ideas), you agree that such information shall be non-confidential and that MidwestPools.com shall have unlimited rights to (or not to): use, distribute, reproduce, and disclose such information as MidwestPools.com deems appropriate, without compensation or acknowledgement of its source. MidwestPools.com shall be free to use any ideas, concepts, know-how or techniques contained in information you provide MidwestPools.com through MidwestPools.com's Web site.

(c) In exchange for use of this Web site, you agree that any information you submit to us will be current and complete and will not violate the rights of any third parties, and you agree to defend, indemnify, and hold harmless MidwestPools.com, its affiliates and content suppliers, and their successors against any claims by third parties alleging facts in breach of these representations.

(d) While MidwestPools.com will not knowingly divulge your email-address or any other personal information to outside parties, you agree that MidwestPools.com will not be liable for acquisition or use of your information by any third party without MidwestPools.com's knowledge or consent. In turn, you agree that MidwestPools.com will not be liable for the acquisition or use of personal information about you that is not under our control.

(e) MidwestPools.com is against unsolicited e-mail (SPAM) as a matter of policy. Therefore, we will NOT send you any advertisement-only messages as part of the Services. However, in order to support this FREE service, you will receive advertisements within the e-mail notifications you receive.

5. Ownership.

(a) MidwestPools.com has and shall retain all right, title and interest in and to any software or technology used in providing the Services, and all intellectual property rights therein.

(b) All content included on this Web site, including text, graphics, logos, buttons, icons, and images, is the property of MidwestPools.com or its affiliates, content suppliers, or other licensors, with ownership as indicated by specific copyright and trademark notices and/or context, and is protected by U.S, and international copyright and trademark laws.

6. Consumer Information. The consumer information contained here is intended, in part, to alert the reader to pertinent issues regarding this site. The information contained herein is not intended as a substitute for professional consultation. If professional assistance is required, the services of a competent professional person should be sought.

7. Pricing and Availability. Any pricing information listed on this Web site is subject to change without notice. Certain items herein may be discontinued or may be unavailable in some areas.

8. Disclaimers.

(a) The availability of the Services depends on many factors, including your connection to the Internet, the availability of the MidwestPools.com 's Web site or services, and equipment that is not, by its nature, fault tolerant.

(b) THE SERVICES ARE PROVIDED "AS IS." NO WARRANTIES ARE PROVIDED, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, PERFORMANCE OF THE SITE, RESULTS OBTAINED OR OPERATION WITHOUT INTERRUPTION, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, THE TRANSMISSION, STORAGE OR USE OF YOUR INFORMATION, OR ANY PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES.

(c) MidwestPools.com AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES, AVAILABILITY AND USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, FREEDOM FROM COMPUTER VIRUS, AND ANY TRANSMISSION OR USE OF YOUR INFORMATION.

(d) MidwestPools.com and its affiliates and content suppliers reserve the right to alter or delete the products, services and information available from this Web site at any time.

(e) The information contained in this World Wide Web site is provided for informational purposes only. While MidwestPools.com has tried to provide accurate and timely information, there may be inadvertent inaccuracies and typographical errors. We reserve the right to make changes and corrections at any time, without notice.

(f) MidwestPools.com does not warrant the accuracy, completeness or usefulness of the information, text, links or other items contained on this Web site, and MidwestPools.com expressly disclaims liability for errors or omissions in these materials.

(g) MidwestPools.com makes no commitment to update the information contained on this web site.

(h) Third party Web sites listed as hypertext links herein are not under the control of MidwestPools.com. Accordingly, MidwestPools.com can make no representation concerning the content of these web sites nor can the fact that MidwestPools.com has included this link serve as an endorsement by MidwestPools.com of any of these web sites.

(i) Nothing contained in this Web site constitutes investment advice.

(j) All sales of products listed herein are subject to our usual terms and conditions of sale.

9. Trademarks. All trademarks, company names, and product names are the property of their respective owners.

10. Copyright. The content of this Web site, including but not limited to the text and images herein and their arrangement, are copyright @2003 MidwestPools.com. All Rights Reserved. Certain images herein are owned by and have been provided by our members and are used with permission. Please contact us if you are interested in receiving permission for commercial or non-commercial use of any of the images or content herein.

11. Limitation of liability. IN NO EVENT WILL MidwestPools.com, ITS SUPPLIERS, LICENSEES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES, OR ANY TRANSMISSION OR USE OF YOUR INFORMATION. IN NO EVENT SHALL MidwestPools.comíS, ITS SUPPLIERS' OR ITS LICENSEES' AGGREGATE LIABILITY TO CUSTOMER OR ANY PARTY ARISING OUT OF THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100).

12. Indemnification.

(a) You agree to indemnify, defend and hold harmless MidwestPools.com, its affiliates, officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your use of this Web site and the Services provided under this Agreement, the violation of these terms and conditions by you, or the infringement by you, or other users of MidwestPools.com 's Web site through the use of your computer or your infringement of any intellectual property or other right of any person or entity.

(b) MidwestPools.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

13. Termination of Service.

(a) Either you or MidwestPools.com may terminate this Agreement and the Services at any time and for any reason, but until that time it remains in full force and effect.

(b) These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all MidwestPools.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise.

(c) These terms will terminate immediately without notice from MidwestPools.com if in MidwestPools.com's sole discretion you fail to comply with any term or provision of this Agreement.

(d) Upon termination, you must destroy all materials obtained from the site and any and all other MidwestPools.com site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

(e) The terms of this Section and Sections 4, 5, 8,11 and 12 will survive any termination of this Agreement.

14. Message Center Policies

(a) MidwestPools.com does not and cannot monitor each and every message posted in the Message Center.

(b) MidwestPools.com is not responsible for any message posted, and does not vouch for or warrant the accuracy, validity, completeness or usefulness of any message. The messages express the views of their authors, not necessarily the views of MidwestPools.com.

(c) By posting in the Message Center, you agree:

(d) MidwestPools.com reserves the right to end a discussion or lock a thread if we feel that the discussion has become unproductive or combative, or if the topic is unnecessarily dominating the Message Center. MidwestPools.com reserves the right to lock a thread if there have been no messages in it for 30 days.

15. Community Guidelines

(a) MidwestPools.com takes pride in its community. We are protective of this community and want it to thrive and grow. For this reason, we have implemented the Community Guidelines, which are outlined below. These guidelines explain what you can expect of MidwestPools.com, as well as the kind of online behavior we expect of you.

(b) The number one guideline to be followed at all times is "treat others as you would like to be treated yourself." Abuse of other members will absolutely not be tolerated.

(c) Also, remember that community standards are always evolving. It is important that you periodically check this document for alterations and updates. It's all part of taking pride in and protecting the MidwestPools.com community. Thanks for doing your part.

(d) Online conduct should be guided by common sense and basic etiquette. You will be considered in violation of our Community Guidelines if you do any of the following:

16. Moderation and Enforcement of Guidelines

(a) Moderation messages will be public. This is not done to embarrass or upset the poster but, rather, to serve as a learning experience for all users. Similarly, messages will not be deleted unless they are obscene, invasive of a person's privacy, or otherwise in gross violation of our guidelines. The poster will be warned in the same thread, with the relevant portion of the message quoted as necessary. The poster, of course, always retains the option of editing his or her initial message.

(b) Moderations will follow a three-step process:

17. Miscellaneous.

(a) Entire Agreement. This Agreement constitutes the entire agreement between you and MidwestPools.com with respect to the Services and supersedes all other agreements, contemporaneous and prior, between you and MidwestPools.com with respect to the Services.

(b) Nonwaiver. MidwestPools.com's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right.

(c) Amendment. MidwestPools.com can revise these Terms and Conditions by updating this posting. No amendment or modification hereof will be valid or binding upon either party unless assented to by MidwestPools.com.

(d) Severability. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

(e) No Estoppel. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.

(f) Act of God. MidwestPools.com will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.

(g) No Obligation to Monitor. MidwestPools.com does not have any obligation to monitor use of the Services, but MidwestPools.com may do so and may also disclose information regarding your use of the Services to satisfy laws, regulations or other government requests.

(h) North Carolina Agreement. As you are accessing the information on the MidwestPools.com Web site on a server in Salisbury, North Carolina, the information contained on MidwestPools.com Web site shall be deemed provided in North Carolina and shall be deemed subject to North Carolina law. These Terms and Conditions will be governed and interpreted pursuant to the laws of North Carolina, notwithstanding any principles of conflicts of law.

 

THANK YOU FOR VISITING AND USING THE MidwestPools.com WEB SITE. WE APPRECIATE YOU AS A CUSTOMER.

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