Terms of Use

Welcome to The Montague Company (“Montague”) Web site. All users of this Web Site are subject to the following terms and conditions of use agreement (“Terms of Use”). Please read this Terms of Use carefully before accessing or using any part of this Web Site.

This Terms of Use sets forth the standards of use of the Montague Online Service. By using the Montague web site 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 web site. 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 the Montague web site. Your continued use of the Service 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.

1. Disclaimer of Warranties

The site is provided by Montague on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Montague makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Montague shall have no liability for any interruptions in the use of this web site. Montague 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.

2. Limitation of Liability

MONTAGUE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MONTAGUE 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 WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MONTAGUE 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.

3. Indemnification

Member agrees to indemnify and hold Montague, its officers, directors, employees, agents, or other representatives 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 Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

 4. Modifications and Interruption to Service

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

5. Third-Party Sites

Our web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

6. Governing Jurisdiction

Courts of California Our web site is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.

7. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service 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.

8. 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 ©2005 montaguecompany.com, with all rights reserved, or is the property of Montague and/or third parties protected by intellectual property rights. Any use of materials on the web site, 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 Montague 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 Montague.

The names, logo, product and service names, design marks and slogans of Montague are the trademarks, service marks or registered trademarks of Montague. Montague’s trademarks may not be used in connection with any product or service that is not provided by Montague, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Montague.

All other trademarks displayed on Montague’s web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Montague.

9. Notification of Claimed Copyright

Infringement Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Montague designates the following contact as its agent for receipt of notifications of claimed copyright infringement.

By Mail: Attn: Montague Webmaster, 1830 Stearman Ave., Hayward, CA 94545 By Telephone: (510) 785-8822 By Email: webmaster@montaguecompany.com

10. Other Terms

If any provision of this Terms of Use 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 and any other agreements referenced herein may be assigned by Montague, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use 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, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Statement.

Effective Date: This Terms of Use was last updated on March 13, 2006.