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Avercast Legal Notice

USE OF WEBSITE.

Thank you for visiting the Avercast website (the "Company Website"). The following information contains the terms and conditions (the "Terms of Use") for using the Company Website as required by Avercast, LLC ("Avercast"). By using the Company Website, you consent to these Terms of Use. Avercast reserves the right to modify or update this statement at any time without notice.

These Terms of Use apply to any person or entity using the Company Website ("User") in any form whatsoever, including Avercast customers who are authorized to register for, login to, and access the customer portal (the "Customer Portal"), and Avercast employees who are authorized to register for, login to, and access the employee portal (the "Employee Portal").

GOVERNING LAW.

These terms are governed by and construed in accordance with the laws of the State of Idaho, without conflicts of laws considerations. You agree that any action in law or equity arising out of or relating to these terms or the use of this Company Website shall be filed in the state of Idaho, of the United States of America and you expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

DISCLAIMERS.

Any product, process or technology published on this Company Website may be the subject of Intellectual Property rights reserved by Avercast and/or its business partners, and are not licensed hereunder. Any software programs and any corrections, updates or new versions of any software programs that may be made available by Avercast through this site are provided subject to the additional terms, conditions and restrictions. If no additional terms are provided, any software programs or software code is governed by this provision.

All information provided via this Company Website, including, without limitation, any Avercast product or service plans, software programs, software code, offerings, or programs, statements of future directions, "white papers", articles, "PDF" documents or other technical or marketing materials (collectively, "Information") is intended for informational purposes only and is subject to change or withdrawal by Avercast at any time without notice. Avercast assumes no responsibility for the accuracy or completeness of the Information. THE INFORMATION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AVERCAST FURTHER DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE COMPANY WEBSITE OR THE INFORMATION PROVIDED HEREIN. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LINKS TO ANY THIRD PARTY WEBSITE.

The Company Website may contain hyperlinks to other websites controlled by parties other than Avercast. Avercast is not responsible for and does not endorse the contents or use of these websites.

WARRANTIES AND LIMITATION OF LIABILITY.

THE COMPANY WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN) MAY INCLUDE ERRORS, DEFECTS OR INACCURACIES AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. AVERCAST IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH OR THROUGH THE COMPANY WEBSITE. AVERCAST IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.

IN NO EVENT WILL AVERCAST BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE COMPANY WEBSITE, THE INFORMATION, OR 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 AVERCAST IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DOCUMENT REFLECTS THE ENTIRE AGREEMENT BETWEEN AVERCAST AND THE USER OF THE COMPANY WEBSITE AND SUPERSEDES ALL OTHER WRITTEN OR VERBAL AGREEMENTS IN RELATION THERETO.

FORCE MAJEURE.

Avercast is not responsible for failures in performance of the Company Website in any way whatsoever, or for any reason including but without limitation to: fires, floods, storms, earthquakes, acts of God, acts of nature, civil disturbances, computer viruses, corruption of data, disruption of telecommunications, hacker attack, transportation, utilities, services or supplies, governmental action, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under these Terms of Use.

USER PROFILE.

If you register to receive information or certain products through the Company Website, you are representing that you are at least 18 years old and that your registration information is truthful, accurate, updated and complete. A user name and password will be assigned by Avercast. You are responsible for maintaining the secrecy of your password and for activities occurring on the basis thereof.

Each User must register separately, although corporate entities may possess only one user name and password. Thus, only one registration is required for such corporate entities. You may not disclose your user name and password to non-authorized individuals within your organization or to outside third parties. You may not use another Users user name and password without Avercast's explicit authorization.

INJUNCTIVE RELIEF.

Violation by User of these Terms of Use will result in irreparable harm to Avercast, and User agrees that Avercast may at its own option obtain a court order enjoining the User's infringing activity (in addition to other relief and without having to post bond).

COPYRIGHTS.

Copyright © 2010 Avercast, LLC and/or their business partners or other affiliates. All rights reserved. The Avercast word is a registered trademark of Avercast, LLC. The Avercast Forecasting Solutions logo and design marks are registered trademarks of Avercast, LLC. All rights reserved. All other trademarks listed herein are the property of their respective owners.

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