PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE LAND OF BORCHARDT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THIS WEB SITE.

Land of Borchardt offers this web site, www.landofborchardt.com (the "Site") to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Site. By using the Site, you signify your assent to these Terms and Conditions and any subsequent modifications. Land of Borchardt may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Site as they are binding on you. Land of Borchardt reserves the right to seek all remedies available by law and in equity for any violation of these Terms and Conditions.

DISCLAIMER

The information provided by Land of Borchardt on this Site is general in nature and provided for informational purposes only. The articles and commentaries presented on this site represent the opinion only of the Land of Borchardt and should not be taken as absolute. The Site is for your personal use. As a condition to your continued use of the Site, you warrant to Land of Borchardt that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

COPYRIGHTS

Land of Borchardt retains full copyright ownership, rights and protection in all material contained on the Site (including all software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of Land of Borchardt.

You may, however, print materials displayed on the Site for your own personal use, provided any printed versions include the copyright and other notices displayed with the materials on the Site.

None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Land of Borchardt.

All content of the Site is Copyright © 2008 Land of Borchardt. All rights reserved.

TRADEMARKS

Land of Borchardt, the Land of Borchardt logo, and other Land of Borchardt company and product names referenced in the Site are either registered trademarks or trademarks or service marks of Land of Borchardt or its subsidiaries. Other company and product names may be the trademarks of the respective companies with which they are associated. The mention of such company and product names on this Site is with due recognition and without intent to misappropriate such names or marks. You may not use any marks appearing on this Site without the prior written consent of Land of Borchardt or the third party owner of such mark. Your unauthorized use of such marks may constitute infringement, which could subject you to substantial civil penalties.

PRIVACY

You hereby acknowledge having read and agreed to all terms and conditions of Land of Borchardt's Privacy Policy, which are hereby incorporated into these Terms and Conditions.

LINKS

The Site links to other web sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Land of Borchardt of the site, but is for your reference and convenience only. Land of Borchardt has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Site nor does Land of Borchardt recommend or endorse any information, products, services or procedures that may be mentioned on or represented on sites linked to the Site. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of any hyper-linked site.

Unless you are advised otherwise by Land of Borchardt, you are not permitted to create hyperlinks to the content of the Site. You may, however, create a link from your personal computer or website to the Land of Borchardt home page. You may not use any of Land of Borchardt's trademarks, copyrights or proprietary logos, marks or other distinctive graphics, video or audio material in your links. You may not create a link in any manner reasonably likely to (i) imply affiliation with, or endorsement or sponsorship by, Land of Borchardt, (ii) cause confusion, mistake or deception, (iii) dilute Land of Borchardt's trademarks or service marks or (iv) otherwise violate U.S. state or federal law or the laws or regulations of any other jurisdiction. Under no circumstances may you "frame" the Site or any of its content or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within Land of Borchardt must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Site.

SUBMISSIONS

If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (collectively, "Ideas"), the Ideas shall be deemed, and shall remain, the sole and absolute property of Land of Borchardt. Except as set forth in our Privacy Policy, none of the Ideas shall be subject to any obligation of confidence on the part of Land of Borchardt and Land of Borchardt shall not be liable for any use or disclosure of any Ideas. You agree not to post or transmit any information through Land of Borchardt that (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (iii) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from any uploading, posting or submission.

RESTRICTED TO ADULTS

You must be at least 18 years of age to use this Site. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to this Site by minors in your family, or (ii) limiting access to your computer or login to the extent necessary to restrict its use to adults.

LIMITATION OF LIABILITY

IN NO EVENT SHALL LAND OF BORCHARDT, ITS SUBSIDIARIES AND AFFILIATES OR ANY THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT OF THE SITE OR SECURITY AND PRIVACY BREACHES RELATED TO THE OBLIGATIONS OF LAND OF BORCHARDT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LAND OF BORCHARDT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LAND OF BORCHARDT SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. ONE HUNDRED DOLLARS ($100.00). Because some jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

INDEMNIFICATION

You agree to defend, indemnify and hold Land of Borchardt, its subsidiaries and affiliates, and their officers, directors, employees and agents, licensors and business partners harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate these Terms and Conditions. Land of Borchardt shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

INTERNATIONAL USE

Land of Borchardt makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this Site from locations outside the United States do so at their own risk and are responsible for compliance with local laws. You further agree that you will not use, import, export or re-export the materials of this Site or products purchased from this Site, or any copy or adaptation, in violation of any applicable laws or regulations, including, but not limited to, the requirements under the U.S. Export Administration Act, Regulations of the Department of Commerce or its successors, executive orders and other export controls.

COPYRIGHT INFRINGEMENT CLAIMS AND AGENT

Land of Borchardt respects the intellectual property rights of others. If you believe that your work has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been violated, please submit the following information to Land of Borchardt's Copyright Agent listed below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

TERMINATION

Termination of your use of the Site shall not affect any right or relief to which Land of Borchardt may be entitled, at law or in equity. You agree that Land of Borchardt may immediately terminate your use of the Site if Land of Borchardt reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of Land of Borchardt or any third party, or for any reason with or without notice to you. You agree that Land of Borchardt may modify or discontinue the Site, with or without notice to you. You agree that Land of Borchardt will not be liable to you or any third party as a result of such modification or discontinuation.

ATTORNEY'S FEES

If Land of Borchardt takes action (by itself or through its representatives) to enforce any of the provisions of these Terms and Conditions, including collection of damages or any amounts due hereunder, Land of Borchardt shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorneys' fees and any costs of any litigation.

CHOICE OF LAW AND FORUM

These Terms and Conditions shall be governed by the laws of the state of California, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Site contemplated by these Terms and Conditions must be instituted within one year from the date upon which such claim or cause arose or accrued. Any such claim or cause of action may only be brought in the state or federal courts located in the county and state of residence of the Land of Borchardt, and you agree to submit to the exclusive personal jurisdiction of such courts. You agree to waive any objection that the state or federal courts of the Land of Borchardt's residence are an inconvenient forum. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

GENERAL PROVISIONS

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and Land of Borchardt with respect to the Site and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Land of Borchardt with respect to the Site and the subject matter of these Terms and Conditions.

NOTICE

Land of Borchardt may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in Land of Borchardt's account information. You may give notice to Land of Borchardt at any time by electronic mail.

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