Norbert's List Web Site Agreement

norbertslist.com/Norbert's List ("SITE") is an online information service provided by NORBERT'S ("Norbert's"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING SITE.

BY ACCESSING OR USING SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE SITE.

NORBERT'S MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. COPYRIGHT, LICENSES AND SUBMISSIONS.
The entire contents of SITE are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are NORBERT'S, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of SITE solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to NORBERT'S a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of SITE (such as bulletin boards, forums and newsgroups) or by e-mail to SITE by all means and in any media now known or hereafter developed. You also grant to NORBERT'S the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against NORBERT'S for any alleged or actual infringement or misappropriation of any proprietary right in your communications to SITE.

2, TRADEMARKS.
Publications, products, content or services referenced herein or on SITE are the exclusive trademarks or servicemarks of SITE. Other product and company names mentioned in SITE may be the trademarks of their respective owners.

3. USE OF SITE.
You understand that NORBERT'S does not endorse any information, products or services on the Internet in any way. ALL information, products and services offered through SITE are so offered by third parties not affiliated with SITE. You also understand that NORBERT'S cannot and does not guarantee or warrant SITE will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to SITE for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF SITE AND THE INTERNET. NORBERT'S PROVIDES SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO SITE OR ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED ON THE INTERNET GENERALLY, AND ON SITE SPECIFICALLY. NORBERT'S SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH SITE OR ON THE INTERNET GENERALLY. NORBERT'S DOES NOT WARRANT THAT SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN SITE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. SITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

4. LIMITATION OF LIABILITY

IN NO EVENT WILL NORBERT'S BE LIABLE FOR

(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON SITE, OR DOWNLOADED FROM SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR

(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, NORBERT'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

NORBERT'S makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-SITE web site, please understand that it is independent from SITE, and that NORBERT'S has no control over the content on that web site. In addition, a link to a SITE web site does not mean that SITE endorses or accepts any responsibility for the content, or the use, of such web site.

5. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless NORBERT'S, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to SITE from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the SITE.

6. THIRD PARTY RIGHTS.
The provisions of paragraphs 3 (USE OF SITE), and 5 (INDEMNIFICATION) are for the benefit of NORBERT'S and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to SITE. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

7.TERM; TERMINATION.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of SITE), 5 (Indemnification), 6 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement.

8. MISCELLANEOUS.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between NORBERT'S and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to SITE must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. NORBERT'S's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. NORBERT'S may assign its rights and duties under this Agreement to any party at any time without notice to you.