TERMS OF USE

(Effective October 28, 2008)

PLEASE READ THESE TERMS OF USE CAREFULLY. By using this website, you agree to be bound by the following terms and conditions (the “Terms of Use”) and the corresponding privacy statement (“Privacy Statement”). This website is owned and operated by Holtkoetter International, Inc. As used in this Terms of Use, “Holtkoetter,” “we,” “us” and “our” all refer to the owner of this website, including its affiliates. We may change the Terms of Use at any time without notice to you. Please review the Terms of Use each time you visit the website. By using this website, it means you accept and agree to be bound by the most recent version of the Terms of Use. If you do not agree to be bound by the Terms of Use, you may not view, access or use this website.

COPYRIGHTS AND TRADEMARK. We or our licensors own the content on this website, including but not limited to all trademarks, logos, software, services, resources, information, data, graphics, video and audio clips, text and images (the “Content”). The Content is protected by United States and foreign copyright and trademark laws.

LICENSE TO USE. We hereby grant you a non-exclusive, limited and revocable license to view, access and use the Content on this website solely for your personal, noncommercial use. We reserve the right to revoke this license at any time.

LIMITATIONS ON USE. You may not use any network monitoring or discovery software to determine the website architecture or extract information about usage or users. You may not remove, disable, defeat or change any functionality or appearances of the website. You may not use the website for gathering information for or transmitting any form of unsolicited commercial communication. You may not use the website for any illegal purpose. Any unauthorized use of the website is prohibited.

LINKS TO THIS WEB SITE AND USE OF HOLTKOETTER MARKS. You are hereby granted a non-exclusive, limited and revocable license to link to this website. Holtkoetter reserves the right to revoke this license at any time. If Holtkoetter revokes this license, you agree to remove and disable any and all of your links to this website immediately.

You agree not to present the link to this website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product or service. Under no circumstances may you “frame” this website or any of its content or copy portions of this website to a server. You agree not to display or use the Holtkoetter logo or trademark in any manner without our prior written permission.

LINKS TO OTHER WEB SITES. This website may contain links to websites not operated by Holtkoetter. We provide these links for your convenience since the information on such websites may be of interest or of use to you, but we do not review, approve, endorse, control or monitor the content of any other websites. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.

YOUR FEEDBACK, COMMENTS AND IDEAS. While we are pleased to receive feedback, comments and ideas from visitors to this website, we want you to understand that any information that you submit through this website will be considered non-personal, non-confidential and non-proprietary and, to the extent necessary, you hereby grant Holtkoetter an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Holtkoetter is free to use them for any purpose.

NO WARRANTIES. All content on this website is provided to you on an “as is,” “as available” basis. Holtkoetter hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Holtkoetter makes no warranty as to the accuracy, completeness, currency or reliability of any content available through this website.

Holtkoetter makes no representations that use of this website will be uninterrupted, reliable, suitable, error-free, free of viruses or other harmful components or otherwise. You are responsible for taking all precautions necessary to ensure that any content you may obtain from this website is free of viruses and any other potentially destructive computer code.

Limitation of liability. You agree that neither Holtkoetter nor any person associated with Holtkoetter shall be liable for any damage resulting from your use or inability to use this website or the content on this website including claims based on warranty, contract, tort, strict liability and any other legal theory.

OTHER RULES ABOUT THIS WEBSITE.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to our website and its features.

Our failure to exercise or enforce any right or provisions of these Terms of Use shall not constitute a waiver of such right or provisions.

You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to use of this website or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect.

If you violate these Terms of Use in a way that causes harm to others, you agree to indemnify and hold Holtkoetter and any person associated with Holtkoetter harmless against any liability for that harm.

By using this website, you agree that the only proper jurisdiction and venue for any dispute with Holtkoetter, or in any way relating to your use of this website, is in the state and federal courts in the State of Minnesota, U.S.A.

You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Holtkoetter or its affiliates, employees, officers, directors, agents or suppliers.

These Terms of Use are governed by the law of the State of Minnesota, without respect to its conflict of law principles, and the federal laws of the United States.

These Terms of Use and the Privacy Statement constitute the entire agreement between you and Holtkoetter related to your use of the website and its content.

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