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TribeAgency USER AGREEMENT AND TERMS OF USE

This legal statement contains the terms and conditions which govern the website located at www.tribeagency.com which is owned by TribeAgency. Your use or access to any website constitutes your agreement with the terms of this User Agreement. Do not access or otherwise use this site if you do not agree with the terms outlined below. In consideration for use of this site, you agree to the following terms and conditions:

1. TribeAgency does not represent or endorse the accuracy or reliability of: any of the information, content or advertisements contained on, distributed through or linked, downloaded or accessed from this website; the quality of any products, information or other materials or services displayed or obtained by you as a result of your use of this website; any TribeAgency database, materials, service or system, or any advertisement or any other information or offer contained on this website. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. TribeAgency reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in this website or any TribeAgency database, material, service or system.

2. Use by you of TribeAgency's databases, materials, services or system is subject to all applicable laws and regulations and these disclaimers and standard conditions, all of which are subject to change and revision from time to time without prior notice. From time to time, TribeAgency may (a) supplement or make changes to these standards, its rules of operations, access procedures, documentation and security procedures or features, (b) change the type and location of TribeAgency's system equipment, facilities or software, or (c) modify or withdraw any particular service or product referred to in any TribeAgency database, material, service or system.

3. Without TribeAgency's prior written consent, which may be given or withheld at TribeAgency's sole discretion, you may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any TribeAgency database, material or service or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to TribeAgency's databases, materials, services or system to export or re-export technical data in violation of U.S. export control laws and regulations; (c) use any TribeAgency database(s) (or information contained therein) which you access in violation of, or post any information to any TribeAgency owned or licensed database which violates any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy or transfer any TribeAgency database, materials or documentation, or any part thereof or information contained therein in whole or in part, except as permitted by TribeAgency; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of TribeAgency's databases or system, or the selection, coordination or arrangement of products or services in any TribeAgency database or system.

4. You are responsible for obtaining, installing and maintaining all computer and communications equipment (including personal computers and modems), software, Internet access and communications services necessary to access and use the TribeAgency databases, materials, services and system to which you are permitted access, as well as that necessary to conduct electronic commerce using electronic data interchange or other electronic methods, as specified from time to time in these standard conditions of use.

5. TribeAgency reserves the right to terminate access or take other actions it reasonably believes necessary to comply with the law and TribeAgency's standard conditions. Any access or attempt to access any TribeAgency database, material, service or system, or any information contained in any database, for any purpose except as authorized by TribeAgency is strictly prohibited.

6. Access to the TribeAgency databases, materials, services and system is available to you only during such hours that the TribeAgency, databases and other services are operating, subject to down time due to maintenance, updates and revisions. The TribeAgency system ordinarily is available for use twenty-four (24) hours a day, seven days a week. TribeAgency reserves the right in its sole discretion to deny access to any user.

7. The TribeAgency databases, materials, services and system and all TribeAgency programs, systems and documentation related thereto or used therewith, including without limitation code, algorithms, methods of processing and any modifications or releases, as well as any originals and copies thereof in whole or in part, and all copyrights, trademarks, patents, trade secrets and other intellectual property rights therein, are proprietary and are and shall remain the valuable and exclusive property of TribeAgency and its licensers and suppliers and may not be used except as specifically permitted by TribeAgency.

8. All databases, materials and services provided by TribeAgency or any of its licensors or suppliers, as well as any other third party programs, systems or data used with or through any TribeAgency system, is provided "as is" and without warranty of any kind, and you hereby waive all other warranties relating thereto, including but not limited to any warranty of merchantability, fitness for a particular purpose or warranty against interference or infringement. Neither TribeAgency nor its suppliers, representatives or licensors will be liable for any damages of any kind or nature whatsoever resulting from your inability to make or maintain online connections to TribeAgency by means of the internet. TribeAgency does not warrant that any database, material or other service or the TribeAgency system will meet your requirements, that the operation of any TribeAgency database, material or other service or any third party programs, systems or data used with or through or provided by TribeAgency , or any part thereof will be uninterrupted or error free or that any defects in such databases, materials or services or system will be or can be corrected. In no event shall TribeAgency have any liability to you (including liability to any person or persons whose claim or claims are based on or derived from a right or rights claimed by you) with respect to any and all claims at any and all times arising from or related to the subject matter of this website, in contract, tort, strict liability or otherwise. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

9. You assume the responsibility to take adequate precautions against damages to your systems or operations which could be caused by defects or deficiencies in any TribeAgency database, material, service or system, or part thereof. You also acknowledge that electronic communications and databases are subject to errors, tampering and break-ins and that while TribeAgency will implement reasonable security precautions to attempt to prevent such occurrences, TribeAgency does not guarantee that such events will not take place. Your installation and inputs influence the output and errors in any electronic transmission or communication, and can result in substantial errors in output.

10. You also are solely responsible for ensuring that any posting or communication made by or for you to a TribeAgency system or database does not contain any virus or other computer software code or routine designed to disable, erase, impair or otherwise damage the system, software or data of any other user of the TribeAgency databases, materials, services or system. You hereby agree to indemnify, defend and hold TribeAgency and its vendors, representatives and licensors harmless from any liability, claim, cost or damage arising out of any claim or suit by any such user caused by virus or code or subroutine.

11. Neither TribeAgency nor its vendors, representatives or licensors shall in any event be liable to you or to any third party for any lost profits, revenues, business opportunities or business advantages whatsoever, nor for any special, consequential, indirect or incidental losses, damages or expenses directly or indirectly relating to the use or misuse of any TribeAgency database, material, service or system, any EDI software or other computer software used therewith, the use or failure, non-compliance or limited availability of any product or service provided by any supplier, any information provided in the TribeAgency system or any database, or any obligation under or subject matter of this website, whether such claim is based upon breach of contract, breach of warranty, negligence, gross negligence, strict liability in tort or any other theory of relief, or whether or not TribeAgency is informed in advance of the possibility of such damages.

12. You shall defend, indemnify and hold TribeAgency and its affiliates, members, officers, employees, agents, representatives, vendors and licensors harmless from any demands, claims, actions or causes of action, assessments, losses, damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and costs, arising from the unlawful or improper use of any part of TribeAgency's website, databases, materials, services or system, or by any third party access which is your fault or responsibility, or any other breach of these standard conditions by you or your employees, contractors or agents.

13. All notices, demands and requests by you to TribeAgency shall be given in writing addressed as follows: TribeAgency, 2039 W. Wabansia, Chicago, IL 60647 and shall be deemed to be duly given on the same business day if it is sent by electronic means (i.e., telex, electronic mail or facsimile transmission) or delivered by hand during regular business hours or on the next business day if sent or delivered outside such hours, or on the date of receipt if sent by pre-paid overnight, registered or certified mail.

14. If any part or parts of these disclaimers or standard conditions are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these standard conditions of use affects any statutory rights of consumers that cannot be waived or limited by contract. The use by you of this website, the TribeAgency databases, materials, services and system and any and all other matters between TribeAgency and you related hereto shall be governed by applicable United States federal law and the laws of the State of Illinois, excluding its conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this website or the TribeAgency catalogs, databases, materials, services or system. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first came into being. Venue for all disputes arising out of or relating to this Agreement shall be in the state and federal courts situated in Cook County, Illinois.

15. TribeAgency advises you to exercise discretion while browsing this website and the Internet. Hyperlinks on this website may direct you to sites containing information that some people may find offensive or inappropriate. Such linked websites may not be under the control of TribeAgency and TribeAgency makes no representations concerning any such websites which you may access via a hyperlink from this website, and accordingly are not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in websites which may be accessible via a hyperlink to or from this website or for the hyperlink itself. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users are those of the respective author(s) or distributor(s) and not of TribeAgency . TribeAgency is providing these hyperlinks to you only as a convenience and the inclusion of any Hyperlink on this website is not and should not imply any endorsement by TribeAgency of such linked websites. When you access a non- TribeAgency web site, please understand that it is independent from TribeAgency and that TribeAgency does not have any control over the content on that website. With respect to any website you access via a Hyperlink from this website, it is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. In no event will TribeAgency be liable to any party or any direct, indirect, special or other consequential damages for any use of this website, or with respect to any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if any of them are expressly advised of the possibility of such damages.

16. You agree to comply with all applicable export laws, regulations and restrictions. Information TribeAgency places on or makes available through this website may contain references or cross references to TribeAgency or third party products, programs and services that are not announced or available in your country. Such references do not imply that either TribeAgency or such third party intends to announce or make available such products, programs or services in your country. Consult TribeAgency or the applicable third party for information regarding any such products, programs and services. This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.

17. TribeAgency, TRIBELINK, TRIBEMEDIA, TRIBECOMM, TRIBE COMMUNICATIONS, TRIBEWIRE, WEBINEER and WEBITECHT are trademarks of TribeAgency or its members or licensors or suppliers on this website and such marks may not be copied or otherwise used without the prior written consent of the owner of such trademark.

18. RESTRICTED RIGHTS LEGEND. Any software which is downloaded from this website or TribeAgency system for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contact TribeAgency, 2039 W. Wabansia, Chicago, IL 60647 U.S.A.

19. All contents of this website are: Copyright © 1996 - 2007 TribeAgency, or its members or licensors or suppliers and are protected by international copyright law.

2039 W. Wabansia, Chicago, IL 60647 U.S.A. All rights reserved. Last update January 7, 2007. Contact TribeAgency, with questions or problems with this service.