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By accessing any area of www.tugboatmedia.com (Website) the user acknowledges this notice
and agrees to the terms and conditions below. This Website and associated electronic publications are owned and
operated by Tugboat Media or its successors. Except where otherwise specified the contents of this Website are
subject to intellectual property rights including copyrights and trademarks held by Tugboat Media Inc. All rights are reserved.
Privacy
Users should review our privacy policy, by which they agree to be bound as a condition
of visiting our Website.
Electronic Communications
Users visiting this Website or sending e-mails to us are communicating with us electronically. Users consent to receive
communications from us electronically. Users agree that all agreements, notices, disclosures and other communications that we provide to them
electronically satisfy any and all legal requirement that such communications be in writing.
Use of Message Service
Users agree not to use this site to submit, transmit or otherwise make available in any manner, including, but not limited to,
sending a message card in conjunction with an order, any content (1) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory,
harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (2) that infringes the intellectual property rights of any party
or (3) which contains a chain letter or constitutes any form of mass mailing. Users may not use a false e-mail address or otherwise provide
information that would be misleading as to the origin of such content. Though tugboatmedia.com does not regularly review content user submit
to this site, we reserve the right to edit such content in any way and to refuse to process any orders including content that violates these Terms of
Use or that we find objectionable for any or no reason. Users represent and warrant that they possess all necessary rights to use the content
that they submit to this site and that use of such content does not violate these Terms of Use. Users agree to defend, indemnify, and hold
tugboatmedia.com harmless from and against any and all claims arising out of or relating to any content that they submit to this site. By submitting
content to this site, users automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual,
irrevocable right and license to use the content in any manner that tugboatmedia.com deems appropriate, in its sole and exclusive discretion,
consistent with Tugboat Media's privacy policy.
Licence and Site Access
Tugboat Media grants its users a limited, revocable, nonexclusive license to access and make personal use of this Website as
a user of tugboatmedia.com; however, users are not permitted to download (other than page caching) or modify the Website or its contents,
or any portion thereof, without the prior written consent of Tugboat Media. This licence does not include any resale or commercial use of this Website
or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions or prices; any derivative use of
this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots or
similar data gathering and extraction tools. This Website, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited or
otherwise exploited for any commercial purpose without the prior written consent of Tugboat Media. Users may not frame or utilize framing techniques
to enclose any trademark, logo or other proprietary information (including images, text, page layout or forms) of tugboatmedia.com or our affiliates
without Tugboat Media's prior written consent. Customer may not use any meta tags or any other "hidden text" utilizing Tugboat Media name or trademarks
without the prior written consent of Tugboat Media. Any use of this Website or its contents that is not expressly authorized herein is prohibited and
immediately terminates the license granted herein by Tugboat Media. User may not create any link to use any Tugboat Media logo or other
proprietary graphic or trademark as part of the link without Tugboat Media's prior written permission.
Disclaimer of Warranties and Limitations of Liability
TUGBOAT MEDIA WARRANTS THAT THE PRODUCTS PROVIDED ON THIS WEBSITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS
ON THE WEBSITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, TUGBOATMEDIA.COM MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, AND CUSTOMERS
EXPRESSLY AGREE THAT THEIR USE OF THIS WEBSITE IS OTHERWISE AT THEIR SOLE RISK. THEIR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH
IS RETURN FOR REFUND OR CONFORMING REPLACEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TUGBOAT MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA
ACCURACY AND QUIET ENJOYMENT. TUGBOATMEDIA.COM DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM TUGBOATMEDIA.COM ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. COPIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A CUSTOMER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO THIS CUSTOMER, AND THE CUSTOMER MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting this Website, users agree that the law of the province of British Columbia, without regard to principles of conflict of laws,
will govern this Terms and Conditions of Use agreement and any dispute of any sort that might arise between them and Tugboat Media relating to that agreement.
Users agree and hereby submit to the exclusive jurisdiction and venue of the governing courts and acknowledges that the user does so voluntarily and
is responsible for complying with local laws.
Site Policies and Modifications
It is recommended that users review all our other policies - such as our privacy
policy - posted on this site. These policies also govern the visit to tugboatmedia.com. We reserve the right to make changes to our Website, policies and
this Terms and Conditions of Use agreement at any time and in our sole discretion; therefore, users should review those policies, terms and conditions
each time they visit the site. Customer's continued use of this Website after we make any such changes constitutes their binding acceptance of those changes.
If any of the terms or conditions herein shall be deemed invalid, void or for any reason unenforceable, that term or condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining term or condition. Tugboat Media can revise the terms and conditions of the Website at
any time by updating this posting.
Last updated: April 1, 2004
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