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Continental Mills Internet Site Terms and Conditions

Last updated June 24, 2004

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Thank you for visiting the Continental Mills, Inc. web site (the "Site"). Continental Mills, Inc. or any of its related, affiliated, or subsidiary companies are referred to in these terms and conditions as "we" or "us." By accessing, browsing or using the pages in this Site, you agree to these terms and conditions. If you do not agree, you may not use this Site. We may revise these terms and conditions at any time by updating this posting and changing the date accordingly. We encourage you to review the Site and these terms and conditions periodically for any updates and changes. Any changes or modifications will be effective upon posting of the new terms and conditions, and your continued use or access of the Site shall be deemed your acceptance of those changes and the reasonableness of these standards for notice of changes.

COPYRIGHT

All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, and the selection and arrangement of them (collectively, the "Material") are ALL RIGHTS RESERVED Copyright © [2004] Continental Mills, Inc. and/or its licensors.

RESTRICTIONS ON USE

Material from the Site and any other World Wide Web site owned, operated, licensed, or controlled by us may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without our prior written consent EXCEPT THAT: you may download one copy of the Material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the Material for any other purpose violates our intellectual property rights. The Material in this Site is provided for lawful purposes only. Neither title nor intellectual property rights are transferred to you, but remain with us, and we own full and complete title to the Material on this Site.

LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIAL IN THIS SITE, EVEN IF THERE IS NEGLIGENCE OR WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO US, OR $5.00, WHICHEVER IS LESS. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

SUBMISSIONS

On this Site you may post or submit reviews of products or services, comments, suggestions, remarks, ideas, graphics or other material (together, the "Submission") so long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright. All Submissions will forever be our property, and your submission of the Submission to us will constitute an assignment of title to us. We will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Continental Mills operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, we will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this Site is provided voluntarily by you, and its use will be governed by our Privacy Policy. Therefore, the above right to use Submissions is subject to the Privacy Policy. You also grant to us the right to use your name in connection with the Submission and in connection with all advertising, marketing and promotional material related thereto.

SWEEPSTAKES AND CONTESTS

From time to time, we may offer and /or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the Site offering the promotion, in addition to applicable Site terms.

JURISDICTION

Except as described otherwise, all materials in this Site are made available only to provide information about us. We manage this Site from our headquarters in Seattle, Washington, United States of America and make no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.

DISCLAIMER

The material in this Site could include technical inaccuracies or typographical errors. Continental Mills may make changes or improvements to the Site at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. WE DO NOT WARRANT THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. USE OF THE SITE IS AT YOUR OWN RISK. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

TERMINATION

We or you may terminate this agreement at any time for any reason. If this agreement is terminated you may no longer access or use the Site. The provisions of paragraphs entitled Submissions, Copyright, Indemnification, Disclaimer, Limitation of Liability, Trademark, and Termination shall survive any termination of this Agreement. That means that the obligations of those paragraphs will continue to apply even though the agreement is terminated and you may no longer use the Site.

INDEMNIFICATION BY YOU

You agree to indemnify and hold us harmless from and against all claims, costs, expenses, damages and liabilities incurred by us arising from or relating to third party claims arising from or relating to your Submission, your use of the Site, your connection to the Site, your violation of these Terms and your violation of any third party's rights.

LINKING AND FRAMING

This Site may be linked to other sites which are not maintained by us. We are not responsible for the content, quality, nature or reliability of those sites or services offered by them. The inclusion of any link to such sites does not imply endorsement by us of those sites. We provide those links only as a convenience. When leaving our Site you should be aware that these terms and conditions no longer apply and therefore you should review any applicable terms and conditions, including privacy policies, for that site.

You may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information (including without limitation, the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without our prior written consent. Further you may not use any meta tags or any other hidden text utilizing our name, trademark or product name without our express written consent.

You are granted a limited, nonexclusive right to create a hypertext link to the home page of the Site provided that such link does not portray us or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use any of our logos or other proprietary graphics or trademarks to link to the Site without our express written permission. We may revoke this limited right at any time.

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Washington, United States of America, without application of its principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this Site. Our products and services are available in many parts of the world. However, the Site may describe products and services that are not available worldwide. Our failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these terms and conditions must be filed within one year after such claim or cause of action arose or it will be barred forever. We may assign our rights and obligations under this agreement to any third party at any time without notice to you. We try to be as accurate as possible, however, we do not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition to us.

TRADEMARK INFORMATION

Continental Mills, the Continental Mills logo, and the products and services described in this Site, are either registered trademarks or trademarks and service marks of our and our suppliers and licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission or permission of our licensors.

All other trademarks, registered trademarks, service marks and product names used in this Site are the property of their respective trademark owners.