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TERMS OF USE AGREEMENT

Effective Date: This Terms of Use Agreement was last updated on June 23, 2006.

Please Read This Terms of Use Agreement Before Accessing Website

This Terms of Use Agreement sets forth the standards of use of the Jim Schaaf & Associates website, sportsins.com. By using sportsins.com you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at sportsins.com. Your continued use of the website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

Jim Schaaf & Associates is providing Member with information about its history, products and services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

Disclaimer of Warranties

The site is provided by Jim Schaaf & Associates on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Jim Schaaf & Associates makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website. The descriptions of products and services contained in this website are intended to provide a reference guide to the types of products and services offered Jim Schaaf & Associates and are not intended to be solely relied upon by our customers. Jim Schaaf & Associates shall have no liability for any interruptions in the use of this website. Jim Schaaf & Associates disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

Jim Schaaf & Associates SHALL NOT be liable for any damages whatsoever, and in particular Jim Schaaf & Associates shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Jim Schaaf & Associates has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold Jim Schaaf & Associates, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the website, the violation of this Agreement, or infringement by Member, or other user of the website using Member’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Website

Jim Schaaf & Associates reserves the right to modify or discontinue the website with or without notice to the Member. Jim Schaaf & Associates shall not be liable to Member or any third party should Jim Schaaf & Associates exercise its right to modify or discontinue the website. Member acknowledges and accepts that Jim Schaaf & Associates does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 Jim Schaaf & Associates, with all rights reserved, or is the property of Jim Schaaf & Associates and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Jim Schaaf & Associates is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Jim Schaaf & Associates.

Jim Schaaf & Associates™ and sportsins.com™ are proprietary marks of Jim Schaaf & Associates. Jim Schaaf & Associates’ trademarks may not be used in connection with any product or service that is not provided by Jim Schaaf & Associates, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Jim Schaaf & Associates.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Jim Schaaf & Associates, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.

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