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USE OF THIS WEB SITE Use of this Web site and access to the material it contains is subject to the following terms and conditions as well as to applicable laws. Your access to and browsing of this Web site constitutes your full acceptance of these terms and conditions. We reserve the right, at our sole discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. SECURITY You are responsible for maintaining the confidentiality of your logon information, and are fully responsible for all activities that occur under your password or user name. You agree (a) to immediately notify MMS of any unauthorized use of your password or user name or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. LINKS TO OTHER WEB SITES This Web site may contain links to other Web sites not owned or managed by MMS. MMS provides such links solely for the convenience of our visitors. MMS is not responsible for the accuracy, legal or regulatory compliance, decency, or any other aspect of the content of such sites, and such sites are not investigated, monitored, or checked for accuracy or completeness by MMS. The inclusion of links to such sites does not imply approval or endorsement of the site by MMS or any association with its operators. We urge you to read the terms of use policies on linked Web sites before utilizing their products or services as MMS is not responsible for these areas. PROPRIETARY RIGHTS Copyrights. MMS is the owner or licensee of all copyrights in and to the content on this Web site, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on this Web site; and (ii) the design, selection and arrangement of this Web site. All rights reserved. Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this Web site and the materials provided hereon for the purpose of obtaining and reviewing your account information. Specifically, you are granted permission to view or download a single copy of the material on the Web site solely to access our services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with MMS or its licensors. MMS and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this Web site for any purpose not expressly authorized herein without the prior written permission of MMS or its licensors is forbidden. Trademarks. All trademarks, service marks, trade names, logos, and other designations (collectively the "Marks") are the sole property of MMS, VeriSign, Inc., or other third parties that have granted MMS the right and license to use such Marks. Nothing contained on this Web site should be construed as granting any license or right to use any such Marks without the written permission of MMS or such third party that may own the Marks displayed. Your Information. We reserve the right, and you authorize us, to use and freely assign all information regarding the use of this Web site by you and all information provided by you in any manner consistent with our Privacy Policy. Click here to read our privacy statement, which is incorporated into these Terms and Conditions by reference. TYPOGRAPHICAL OR OTHER ERRORS While MMS takes reasonable care and skill to provide information which is accurate and up to date when first included on the Web site, typographical and other errors may nevertheless occur. MMS does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Web site at any time without notice to you. While MMS makes reasonable efforts to prevent unauthorized tampering with the Web site, MMS does not guarantee that its efforts will always be successful. Therefore, as set below, MMS does not warranty that the Web site materials will be error-free, and disclaims any liability for such errors. DISCLAIMER OF WARRANTIES MMS MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEB SITE MATERIALS OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. MMS PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE TERMS OF USE, AT THE WEB SITE WITHOUT NOTICE. FURTHER, MMS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. MMS SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS SITE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. MMS makes no representation that the Web site or its contents are appropriate for use in every country of the world. Your use of this Web site is at your own risk and you are responsible for compliance with applicable local laws, keeping in mind that access to the Web site may not be legal by certain persons or in certain jurisdictions. Some states or nations may not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases. LIMITATION OF LIABILITY Use of the MMS Web site or any software application installed by you in connection with the use of this Web site, is at your sole risk. While MMS makes reasonable efforts to ensure the safety and functionality of our Web site and any software applications associated with its Web site, these efforts may fail and errors may occur. IN NO EVENT SHALL MMS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE OR ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS WEB SITE ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION INSTALLED IN CONNECTION WITH THE USE OF THIS WEB SITE OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB SITE), ON ANY THEORY OF LIABILITY. MMS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS SITE. THESE WAIVERS APPLY EVEN IF MMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MMS'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO MMS FOR ACCESSING THIS WEB SITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases. INDEMNIFICATION BY USER You agree to defend, indemnify, and hold harmless MMS and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use, misuse of this site or use of any software application associated with the use of this Web site. TERMINATION MMS shall have the right immediately to terminate this agreement with you and your use of the Web site if it determines in it's sole discretion that you have breached any of these Terms or otherwise been engaged in conduct which MMS determines in its sole discretion to be unacceptable. CHOICE OF LAW AND FORUM These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Missouri, without regard to such state's rules regarding conflicts of laws. By accessing this Web site, you agree that courts located in St. Louis, Missouri shall have exclusive jurisdiction over all claims and actions arising out of or relating to these Terms and Conditions and/or your use of this site, and you further agree and submit to the exercise of personal jurisdiction of such courts and consent to extra-territorial service of process for the purpose of litigating any such claim or action. RECORDS A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, MMS's records shall be conclusive in all respects. INTEGRATION AND SEVERABILITY These Terms and Conditions constitute the entire agreement between you and MMS with respect to this site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MMS with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Rev. 04/07
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