Terms of Use

(Effective: 02/08/09)

The <WEBSITE> web site is owned and operated by a Missouri corporation ("Company"). These Terms of Use ("Terms of Use" or "Agreement") are intended to make you aware of the terms and conditions of your use of the web site, any Content (as defined herein), or other products or services that are offered or provided by Company (collectively, the "Web Site").

Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time. By using OR OTHERWISE ACCESSING the Web Site, posting or downloading Content, or any other information to or from the Web Site, you hereby agree to, and shall be subject to, these Terms of Use. If you do not UNEQUIVOCALLY agree, you may not use OR OTHERWISE ACCESS the Web Site, post or download Content, or any other information to or from the Web Site.

General Terms of Use and Restrictions on Use

Company hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Web Site solely for your own personal, non-commercial purposes. All rights not otherwise expressly granted by these Terms of Use are reserved by Company. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Web Site. You may not obscure or remove any proprietary rights notices contained in or on the Content. Company may discontinue or alter any aspect of the Web Site, remove Content from the Web Site, restrict the time the Web Site is available or restrict the amount of use permitted at Company's sole discretion and without prior notice or liability. You further agree that such measures shall be taken in Company's sole discretion and without liability to you or any third party.

Unless otherwise specifically noted in these Terms of Use or on the Web Site, images, trademarks, service marks, logos and icons displayed on the Web Site are the property of Company and/or its licensors and may not be used without Company's prior written consent. Any unauthorized use of any Content, whether owned by Company or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Web Site or any part thereof or grant any other person or entity the right or access to do so.

Content

You acknowledge that the Web Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Company or third parties (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content posted by users via the Web Site ("User Content") is the intellectual property of the specific users of the Web Site who post such User Content. By posting or delivering User Content, you hereby grant to Company a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.

Company does not generally monitor or otherwise remove User Content after it is posted on the Web Site except as required or permitted by law or otherwise in the sole discretion of Company, and reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms of Use. Company does not make any warranties or representations regarding any of the User Content. Company does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content. Company is not and will not be liable for any Content or User Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable.

Company's Privacy Policy

Company collects, stores and uses data collected from you in accordance with Company's Privacy Policy, located at [hyperlink]. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

User Representations

You hereby represent and warrant to Company that you (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under this Agreement; (ii) all information provided by you to Company is truthful, accurate and complete; and (iii) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Web Site or any part thereof. For any User Content that you post via the Web Site, you hereby represent and warrant that: (a) you are owner of such User Content or otherwise have the right to grant Company the licenses granted pursuant to this Agreement; (b) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (c) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties' rights; and (d) the use of any User Content will not result in harm or personal injury to any third party.

Prohibited Uses

You agree not to: (a) use of the Web Site to post material or information that, is or to a reasonable person may be unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another's privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Web Site to post content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Web Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer network; (d) use of the Web Site to post viruses, trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Web Site to post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; or (f) use of the Web Site to engage in any activity that, as determined by Company, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE WEB SITE, ANY CONTENT, AND ANY PRODUCTS OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT. THE WEB SITE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE MAY NOT MEET YOUR REQUIREMENTS, AND THE USE OF THE WEBSITE MAY NOT BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND INFORMATION FOUND THEREON MAY NOT BE ACCURATE OR RELIABLE OR MEET YOUR EXPECTATIONS. PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

Limitation of Liability

COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF OR INJURY TO LIFE OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE OR ANY CONTENT; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (C) ANY OTHER MATTER RELATING TO THE WEB SITE, INCLUDING ANY CONTENT. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE OR ANY AMOUNT RETAINED BY COMPANY FOR PROVIDING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless Company, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Web Site or any part thereof, (b) any User Content you post via the Web Site, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of Company or third parties by you, or (e) any negligence or willful misconduct by you.

Governing Law and Other Miscellaneous Terms

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of Missouri, without regard to its conflicts or choice of laws principles.

The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Company which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Company has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Company may have. The prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.

Copyright and Copyright Notices

Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's Copyright Agent the following information:

• an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;

• a description of the copyrighted work that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Web Site sufficient to

allow us to locate the allegedly infringing material;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please contact Company's Copyright Agent for Notice of Claims of copyright infringement at: [email address]. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.