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Brivea, L.L.C.

Website Terms and Conditions

By accessing or using the website of Brivea Consulting L.L.C. (“Brivea”) located at www.brivea.com
(the “Site”), you agree to Brivea’s website terms and conditions (the “Terms and Conditions”), as outlined below. Please read the Terms and Conditions carefully before using (including downloading any information from) the Site. Use of the Site indicates that you accept these terms. If you do not agree to these terms, do not use the Site.

Use of the Site: Brivea provides the materials on the Site as a convenience to users and for informational purposes only. While Brivea endeavors to keep these materials accurate and up-to-date, Brivea does not warrant or represent, either expressly or by implication, that the information contained or referenced herein is accurate or complete and Brivea shall not be liable in any way for possible errors or omissions in the contents hereof. In addition, Brivea reserves the right to alter the content of the Site and the Terms and Conditions in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. Brivea reserves the right to terminate your access to the Site or any portion of the Site without notice in the event that you violate these Terms and Conditions or for any reason whatsoever. Brivea authorizes you to view and download a single copy of the materials on the Site only for your personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original materials on any copy of those materials. You may not modify the materials on the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Without the prior permission of Brivea, you may not use these materials on any other Web site or networked computer environment.

Intellectual Property: All materials contained in the Site, including text, graphics, logos, icons, and images, are protected by law, including but not limited to, United States copyright and trademark laws, as well as other state, national and international laws and regulations. Except as indicated, the entire content of the Site is © 2003 Brivea, and any commercial use requires express written permission from Brivea. Brivea also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of such content. The trademark Brivea and all other marks designating Brivea’s services are proprietary trademarks of Brivea; use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark laws. Please be advised that Brivea enforces its intellectual property rights to the fullest extent of the law.

Submissions by Users: Brivea is pleased to hear from users of its Site and welcomes your feedback and suggestions about how to improve the Site. Brivea must, however, regretfully ask that you do not send any copyrighted or proprietary information. If you send such information, the information will be considered non-confidential and non-proprietary and shall remain the property of Brivea. Brivea will have no obligations with respect to your submissions and any ideas, suggestions, or any other material received through the Site will be deemed to include permission for Brivea to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use or act on such communications without additional approval or consideration, and you hereby waive any claim to the contrary. You must not post or transmit to or from the Site any material which is threatening, libelous, defamatory, obscene, pornographic, or otherwise violates any law.

Links to Other Websites: The Site may contain links to websites of third parties. These links are provided solely as a convenience to you. Brivea does not control and is not responsible for any of these third party sites or their content and, accordingly, Brivea expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third party sites. Brivea does not endorse these sites or the products or information that may be found there. If you decide to access any of these third party sites, you do so at your own risk. Brivea’s inclusion of links to any web sites does not imply any endorsement of the material on such web sites or any association with their operators.

Disclaimer: THE MATERIALS PROVIDED ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The materials on the Site may not be accurate or complete and may contain technical inaccuracies or typographical errors. The materials on the Site may be out of date and Brivea makes no commitment to update the Site. Brivea may make changes to the Site at any time without notice. In addition, Brivea may modify or discontinue any of the products and services referred to in the Site, without notice. Brivea advises customers to obtain the latest version of relevant information to verify, before placing orders, that information being relied on is current and complete. All products and services are sold subject to the terms and conditions of sale supplied at the time of order acknowledgment, including those pertaining to warranty, indemnity and limitation of liability.

Limitation of Liability: IN NO EVENT WILL BRIVEA, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, REGARDLESS OF THE LEGAL THEORY RELIED ON.

BRIVEA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Applicable Laws: The Site is controlled by Brivea from its offices within the United States of America. Brivea makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable local laws. In addition, software, information and data (if any) accessed or downloaded from the Site may be subject to United States export control laws.

The internal substantive laws of New Jersey shall govern any claim relating to the Site and the materials contained on the Site. All activity occurring in connection with the Site (including, but not limited to, accessing pages, downloading materials or other activities initiated by you) is presumed to occur in the State of New Jersey. Furthermore, if you accept these Terms and Conditions, you consent to the jurisdiction of the federal and state courts presiding in the State of New Jersey and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

If any part of these Terms and Conditions is declared invalid or unenforceable under applicable law, then such provision will be automatically adjusted to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, will be incorporated as a part of these Terms and Conditions as though originally included and the remaining parts will continue to remain in effect. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in any proceeding relating to these Terms and Conditions to the same extent as if in writing and signed by each party.

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