TERMS OF USE


The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully.


One or more of the following actions indicates your acceptance of these terms and conditions:


● Your use of this site

● Your placement of an order


Table Mountain Trading, Inc. (“Free-IP”) makes available for use on its websites (“Website” or “Site”) information, documents, software and products (collectively “Materials”) and various services offered by Free-IP (collectively “Services”) subject to the terms and conditions set forth in this document (“Terms of Use”). By accessing or using this Site, which includes your access to or use of any Materials or Services, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Site, Materials, or any of the Services. By using the Materials or Services, you are agreeing to be bound by these Terms of Use.


These terms and conditions shall supercede any terms or conditions included with any purchase order regardless of whether such terms or conditions are signed by Free-IP.


Free-IP may modify the Materials, Services and Terms of Use at any time without notice and such modifications shall be deemed effective immediately upon making such changes. Additionally, when using particular Services or Materials, you shall be subject to all posted agreements, guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.


Free-IP reserves the right to make changes to this site and these terms and conditions at any time. The terms and conditions shall govern any future relationship between the parties, whether or not it arises out of or is connected to the present transaction.


Copyright and Trademark Notice


This site is owned and operated by Free-IP. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Free-IP. All rights reserved.


All software used on the site is the sole property of Free-IP or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Free-IP’s prior written permission.


All rights not expressly granted herein are reserved. Any unauthorized use of materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.


All corporate names, services marks, logos, trade names, trademarks, websites and domain names of Free-IP (collectively “Marks”) are and shall remain the exclusive property of Free-IP and nothing in this agreement shall grant you the license to use such Marks. All other trademarks or service marks are property of their respective owners.

Warranties and Disclaimers. ALL SERVICES AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED “AS IS.” FREE-CD DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO PRODUCTS SOLD ON THIS SITE. FREE-CD SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY ARISING FROM ANY PRODUCT SOLD ON THIS WEBSITE.


Limitation of Liability. IN NO EVENT WILL FREE-CD BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY PRODUCTS SOLD ON THIS SITE. FREE-CD DOES NOT WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FREE-CD IS NOT LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM THE USE OF, OR INABILITY TO USE THIS SITE EVEN IF FREE-CD WAS INFORMED OF THE POSSIBLITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FREE-CD’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES RELATED TO USE OF THIS SITE OR THE PURCHASE OF PRODUCTS FROM FREE-CD EXCEED ONE U.S. DOLLAR ($1.00). FREE-CD’S WEB SITES AND THE MATIERALS THEREIN ARE PROVIDED “AS IS.”


FREE-CD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT FREE-CD, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, OR USE OF THE FREE-CD SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTAL DAMAGES.


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


Indemnity. You agree to indemnify, defend and hold Free-IP, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of Free-IP and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners, and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.


Termination. You agree that Free-IP, in its sole discretion, may terminate your use of the Services or Materials, for any reason, or no reason at all. Free-IP may also in its sole discretion and at any time discontinue providing the Materials, Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and acknowledge and agree that Free-IP may immediately bar any further access to the Services or Materials. Further, you agree that Free-IP shall not be liable to you or any third-party for any termination of your access to the Services or Materials.


Governing Law. These Terms of Use shall be governed and construed in accordance with the laws of the State of Arizona.


Jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Coconino, Arizona and you expressly waive all defenses to jurisdiction and venue in such courts.


General Information. Any cause of action or claim you may have with respect to the Site, Services or Materials must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Free-IP’s failure to insist upon or enforce strict performance of any provision of these Terms of Use 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 these Terms of Use. Free-IP may assign its rights and duties under these Terms of Use to any party at any time without notice to you.


Severability.


Please review all of our other policies posted on this site. These policies also govern your use of and the placement of an order on the Free-IP Website. Free-IP reserves the right, without limitation, to make changes to this site, all policies and to these Terms and Conditions at any time. Please check this statement from time to time for any changes we may have made to any of the aforementioned. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

94048 8/27/2003