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TERMS OF USE FOR THE M.E.ALLISON WEBSITEWelcome to the Web site for M.E.Allison! Take time to read the following terms and conditions, since they govern all access to and use of this Web site. ACCEPTANCE OF TERMS:PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THIS WEB SITE. THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO ALL USERS OF THE WEB SITE. BY USING THIS WEB SITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THEM, JUST AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE ANY OF THE SERVICES OR PRODUCTS AVAILABLE AT THIS WEB SITE. DEFINITIONS:The following definitions apply to this Agreement: "You," the "user," or "users" include you, your parent, affiliate, subsidiary and related companies, and the officers, directors, employees, agents, representatives, personnel, independent contractors, consultants, subcontractors, licensors and other third-party providers of yours and theirs. "M.E.Allison" and "Owner" mean Clements Printing, LLC, d/b/a M.E.Allison and includes any affiliated companies it may have. "Site" means the Internet Web site known by the universal resource locators ("URLs") and domain names: http://MEAllison.com, or any other URLs or domain names of M.E.Allison, and all pages, sections, areas and parts of it and "Information" (as defined herein) displayed, presented or found at or through it. "Information" means and includes: (1) all official statements, offering documents, bond-issue information, terms and conditions, representations, offerings, investment opportunities, functions, services and features, as well as all text, content, data, information, video, audio, images, messages, advertising, marketing, promotional, and other materials and items that are published, provided, presented, found, offered, described and/or made available at or through the Site, regardless of whether M.E.Allison or a third party is the original author of, or is responsible for, the information; and (2) all pages, areas and parts thereof that are accessible and made available to the user. The term "Information" also includes "Trademarks" (as defined herein). "Documents" means materials and documents of third parties submitted by M.E.Allison and published or found at or through the Site, including without limitation, official statements, offering documents, bond-issue information, terms and conditions of or representations regarding offerings or investment opportunities. "Information" (as defined herein) also includes "Documents." OWNERSHIP OF THE SITE AND INFORMATION:This Site is owned and operated by M.E.Allison. The "Information" found at the Site, whether provided by M.E.Allison independently or in conjunction with other parties, including without limitation bond offerors and issuers, represents valuable and exclusive property and proprietary assets or materials of The Information is copyrighted material of the respective owner and protected by the terms and conditions of this Agreement and other terms and conditions found at the Site and by the statutes, regulations, ordinances, judicial and governmental decisions, requirements and other laws of the fifty states, as well as of the federal government of the United States of America, including without limitation, those governing agreements, contracts, commercial engagements and those protecting intellectual property and other proprietary rights, and U.S. and international copyright laws and other law. All logos, page headers, custom graphics, images, buttons, graphics, icons, symbols, trade names, trademarks, service marks, and other names, descriptions, brands and marks, whether registered or not ("Trademarks") found at the Site or in the Information are owned by M.E.Allison or others, and are protected by such law, including those specifically addressing rights of trademark owners. In addition, the hardware and software components, electronically-stored databases, and individual items within those databases that comprise the computer networks and systems that operate the Site and are used to make Information available at the Site also belong M.E.Allison and, in some cases third-party providers (regardless of the owner, defined as the "M.E.Allison System"), and also represent the proprietary property of M.E.Allison or its third-party providers. NO RIGHTS TO M.E.ALLISON OR THIRD-PARTY PROVIDER PROPERTY:Neither M.E.Allison nor its third-party providers are granting or transferring to you or any other person or entity, by virtue of access or use of this Site, any title or any ownership rights or interests in any Information found at the Site or accessed or used through it, including without limitation the Trademarks, the M.E.Allison System, or any other Information or asset belonging to M.E.Allison or a third-party provider. LINKING:Unless you obtain prior authorization under a written agreement with M.E.Allison, you may not create or establish any link between your own Web site or that or a third party site and the Site. You may, however, create a link from your personal computer or Web site to the Site home page for your personal use. Your link may not, however, use any Trademarks or Information of M.E.Allison or any third-party providers. LIMITED RIGHTS TO USE THE SITE:On the condition that you abide by agree that your use is governed by the terms and conditions of this Agreement, M.E.Allison hereby grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Information found at the Site at the Site for the limited purposes expressly permitted in this Agreement. You may view, display, download into the memory of your own personal computer and make one printed copy of the Information found on the pages of this Site; provided, however, (1) that you do so only for purposes of receiving, accessing, analyzing and using the Information made available at the Site on the M.E.Allison System in accordance with the terms and conditions hereof, for your personal, non-commercial use only; and (2) that you do not remove, alter, change, obscure or delete any copyright, trademark, or other proprietary notice or legal notices in or on any portions of the Site. No rights are granted to you except those expressly stated here. REGISTRATION/PASSWORDS/SITE SECURITY:If, at any time, M.E.Allison requires registration in order to access or use any areas or Information at this Site, you agree to: (a) provide true, complete, accurate and current data, as requested in the registration process (the "Registration Data"); (b) maintain and update the Registration Data promptly as required herein; (c) prevent unauthorized access or use by you or others by use your user identification number and/or passwords; (d) report any unauthorized use or disclosure of your password or other breach of Site security; and (e) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. M.E.Allison reserves the right to suspend, and/or to refuse any further, access or use of the Site or Information, if M.E.Allison learns or reasonably suspects that your Registration Data is false or inaccurate, if you refuse to provide complete and updated registration information, or you misuse or permit another to use your password who is not authorized to do so. MONITORING:You acknowledge and agree that M.E.Allison has no obligation, but reserves the right to monitor the Site, and may do so from time-to-time, for operational, compliance or other purposes. During monitoring, all user information may be examined, recorded, copied, and used for authorized purposes in accordance with the terms of this Agreement and M.E.Allison's Privacy Policy. M.E.Allison, in its sole discretion at any time and without further notice to you, may: (1) review, censor, prohibit the transmission or receipt of, or refuse to post and/or remove any information or materials, in whole or in part, which M.E.Allison, in its sole discretion, deems to be inappropriate or objectionable (such as the prohibited information described in the Section above entitled "RESTRICTIONS, LIMITATIONS AND CONDITIONS OF USE") or as violating any term or condition of this Agreement; and/or (2) disclose any information M.E.Allison deems necessary or desirable to satisfy any law, regulation or governmental request. Your use of the Site constitutes your consent to such monitoring and use and handling of information in conjunction with monitoring as is described herein. RESTRICTIONS, LIMITATIONS AND CONDITIONS APPLICABLE TO YOUR USE OF THE SITE:As a condition of your rights to access or use this Site, you must use the Site and all Information found at the Site for lawful purposes only and only as expressly permitted in this Agreement. As a condition of your access and use rights to the Site and Information, you agree to NOT do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that M.E.Allison, in its sole and absolute discretion, shall determine:
RESPONSIBILITY AND LIABILITY FOR USE:You shall be solely liable for any lawsuits, claims, proceedings, actions, harm and other liability, or any damages, losses, expenses, fees, judgments, awards, penalties, settlement amounts, fines, or other costs associated therewith ("Damages") resulting from use or any misuse of the Site, M.E.Allison System, Documents or Information, including without limitation, violation of the restrictions, limitations and conditions upon use and infringement of copyright, trademark or other proprietary right, and any other Damages. NOTICE REGARDING LINKS TO OTHER WEB SITES AND THIRD-PARTY DOCUMENTS OF BOND ISSUERS AND OFFERORS; DISCLAIMER BY M.E.ALLISON:Linked Sites: Disclaimer of M.E.Allison Responsibility and Notice Regarding Investment Decisions and Information: Responsibility of Third Parties and the User: DISCLAIMERS AND LIMITATIONS OF LIABILITY:The following disclaimers and limitations of liability are made on behalf of M.E.Allison and its third-party providers: YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT SUCH LAWS APPLY, THE DISCLAIMERS, EXCLUSIONS AND/OR LIMITATIONS OF DAMAGES, WARRANTIES AND/OR LIABILITY STATED IN THIS AGREEMENT DO NOT APPLY TO YOU. Disclaimer of Information at the Site: Disclaimer of Warranties: Disclaimer Regarding Site Access: Limitations of Liability: General Disclaimer of Damages: INDEMNIFICATION FROM THE USER: ACCESS TO THE SITE:You are solely responsible for providing, maintaining, supporting, operating and paying for all equipment, operating systems, browsers, applications, and other hardware, software and system components, as well as telephone, cable or data communications lines and connections, that are necessary to access and use the Site through the Internet. M.E.Allison reserves the right to refuse assistance to or to charge additional fees if you seek assistance from M.E.Allison regarding use of your system or equipment or basic background computer or Internet-use information or any other matters not directly related to the operation of the M.E.Allison Web site. MINORS AND THE CHILD ON-LINE PRIVACY AND PROTECTION ACT: The Site is not designed for anyone under age 18. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to register for any service at the Site, then you are acknowledging and agreeing that you shall be solely responsible for: (a) the on-line conduct of such Minor; (b) monitoring such Minor's access to and use of the Site and the Information at the Site; and (c) the consequences of any use of the Site by such Minor. If you do permit use of the Site by your minor child, please be advised that M.E.Allison does not wish to receive, nor may you provide or allow your child to provide, any personally identifying information or data from or concerning a child under age 13. M.E.Allison may use all personally identifying data submitted or collected at the Site, such as name, physical and e-mail address, telephone or fax number, in any fashion that is consistent with its Privacy Policy. Therefore, before submitting or allowing your child under age 13 to submit any personally identifying information, you must first contact M.E.Allison and provide express permission for the receipt and use of such information. CHILD ONLINE PROTECTION ACT NOTIFICATION:Pursuant to 47 U.S.C. Section 230(d) as amended, M.E.Allison hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/ (which is the Electronic Frontier Foundation Web site) and at the Web site for America Links Up, http://www.netparents.org/parentstips/browsers.html. PRIVACY POLICY:You hereby acknowledge having read and accept and agree to all terms and conditions of M.E.Allison's Privacy Policy, also found at the Site, which are hereby incorporated in this Agreement. Personally identifying data that you provide to M.E.Allison and submit at the Site will be collected, used and shared by M.E.Allison in accordance with its Privacy Policy. TERMINATION:Your rights to use this Site shall terminate immediately upon your violation of any of the terms, conditions or restrictions stated in this Agreement, without the necessity of M.E.Allison's sending you notice or otherwise advising you of your loss of rights. Termination or cancellation of this Agreement shall not affect any right or relief to which M.E.Allison may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to M.E.Allison. CLAIMS REGARDING YOUR USE OF THIE SITE:If M.E.Allison brings a lawsuit, claim or other proceeding against you to enforce this Agreement or brings you into one in connection with enforcement of the Agreement (a "Claim"), M.E.Allison shall be entitled to recover from you (and you agree to pay), in addition to all Damages that may be awarded, reasonable and necessary attorney's fees and any costs of litigation. This Agreement shall be governed by the laws of the state of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any Claim arising from or relating to your access and use of the M.E.Allison System contemplated by this Agreement must be instituted within two (2) years from the date upon which such Claim arose or accrued. Further, any such Claim may only be brought in the state or federal courts located in Dallas, Dallas County, Texas. You agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement. ENTIRE AGREEMENT; CHANGES TO THIS AGREEMENT:The terms of this Agreement, as posted at the Site, constitute the entire and exclusive agreement between you and M.E.Allison regarding the Site and its use and supersede all other agreements, understandings and communications regarding the subject matter of this Agreement, if any, both oral or written, whether made prior or subsequently to or contemporaneously with your use of the Site. M.E.Allison retains the right to modify the terms or conditions of this Agreement at any time without notice or warning. You are bound to all changes M.E.Allison may make to these terms and, therefore, should periodically revisit these terms and review them to make sure you comply with all changes. If at any time you cannot comply with any of the terms and conditions of this Agreement, then you should terminate and discontinue all access to and use of the Site. MODIFICATIONS TO THE SITE:M.E.Allison reserves the right to modify this Site at any time and, in its sole discretion, may make modifications to the Site, including without limitation, with respect to the Information, advertising, links, product, services and features found at the Site or acquired through it (of M.E.Allison and/or third-party providers). EXPORT LAWS:Legal Compliance; Authorizations. You are responsible for obtaining and securing, and shall obtain and secure, any and all authorizations, licenses and permits required by any United States or foreign governmental or judicial authority in connection with use of this Site, including without limitation, for the export of any data, software, documents, technology or other matter subject to export control laws and regulations or any governmental authority. Unless otherwise specified, the Information found at or accessible through this Site is presented solely to provide data regarding M.E.Allison and to promote the M.E.Allison and, as applicable, third-party provider products available in the United States, its territories, possessions and protectorates. The Site is controlled and operated by M.E.Allison from its offices within the state of Texas, the United States of America. M.E.Allison makes no representation that Information found at or accessible through this Site is appropriate or available for use outside the United States. Users electing to access the Site from outside the United States acknowledge that they do so on their own initiative and are responsible for compliance with all applicable local laws. Software available at or accessible through this Site is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you (1) are not a national or resident of any such embargoed country, nor are you located in or under the control of one; and that you (2) are not on the aforementioned lists. GOVERNMENT RESTRICTED RIGHTS:As applicable, the Information found at this Site, to the extent it is commercial or noncommercial computer software, along with any related documentation, is provided with RESTRICTED RIGHTS, and is subject to all proprietary rights of M.E.Allison therein. Use, duplication, or disclosure by the U.S. Government is subject to the laws and regulations applicable thereto and the restrictions set forth in the applicable provisions of The Rights in Technical Data and Computer Software clauses of the Code of Federal Regulations, including without limitation, those found at Chapter 48 Subpart 227.72 and ยง 252.227-7014(b)(3)(ii). Use of the Information or related documentation constitutes acknowledgement by the Government of M.E.Allison's proprietary rights in and to it. NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIM:Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), M.E.Allison reserves the right, but not the obligation, to terminate your license to use this Site if M.E.Allison determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of first?time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. M.E.Allison accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, M.E.Allison has implemented procedures for receiving written notification of claimed infringements and for processing such Claims in accordance with the Act. The designated agent of M.E.Allison to receive notification of infringement is: John Clements In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the designated agent listed above and must include the following information: A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed. B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials. C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address. E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law. F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed. Terms of Use - June, 2001 Version© Copyright Clements Printing Company, L.L.C. 1999-2008. All Rights Reserved.
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© 2004 - 2008 M.E.Allison & Co.
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