Any information that is made available from the Marblejar™ Web Site and this server ("Marblejar Information") is the copyrighted work of Marblejar™ and/or its parent and subsidiary organizations. Use of the Marblejar Information is governed by the terms of these Terms and Conditions. Any use of the Marblejar Web Site in violation of these Terms and Conditions is strictly prohibited.

The Marblejar™ Information is made available for downloading solely for use by end users in accordance with these Terms and Conditions. Any reproduction or redistribution of the Marblejar™ Information not in accordance with these Terms and Conditions is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MARBLEJAR™ INFORMATION TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

NAVIGATION AND SEARCH ENGINES.
Notwithstanding anything to the contrary contained herein, You shall not use or attempt to use, and shall not cause each party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, worms, bots, avatars or intelligent agents) to navigate or search the Site other then the search engine and search agents available from Marblejar™ on the site and other than generally available third party web browsers (e.g. Netscape navigator, Microsoft Explorer).

THE MARBLEJAR™ INFORMATION IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS HEREIN. MARBLEJAR™ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MARBLEJAR™ INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, MARBLEJAR™ MAY MAKE AVAILABLE ON THIS SERVICE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. MARBLEJAR™ DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SERVICE OR IN MARBLEJAR™ SOFTWARE PRODUCTS.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Documents specified above do not include the design or layout of the Marblejar™ Web Site or any other Marblejar™ owned, operated, licensed or controlled site. Elements of Marblejar™ Web Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Marblejar Web Site may be copied or retransmitted unless expressly permitted by Marblejar™.

MARBLEJAR™ AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MARBLEJAR™ AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MARBLEJAR™ AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MARBLEJAR™ AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL MARBLEJAR™ AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE STATUTE WILL NOT RECEIVE A RESPONSE.

LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE THE MARBLEJAR™ WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MARBLEJAR™ AND MARBLEJAR™ IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MARBLEJAR™ IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MARBLEJAR™ IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MARBLEJAR™ OF THE SITE.

UNSOLICITED IDEA SUBMISSION POLICY.
MARBLEJAR™ OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN MARBLEJAR'S™ PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MARBLEJAR™. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MARBLEJAR™ OR ANYONE AT MARBLEJAR™. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MARBLEJAR™ MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

FEEDBACK AND INFORMATION.
ANY FEEDBACK YOU PROVIDE AT THIS SITE SHALL BE DEEMED TO BE NON-CONFIDENTIAL. MARBLEJAR™ IS FREE TO USE SUCH INFORMATION ON AN UNRESTRICTED BASIS.

CONFIDENTIAL INFORMATION AND DATA.
Customer acknowledges that the Marblejar™ Information consists of software which is proprietary and confidential to Marblejar™ or its licensors; and all rights, title and interest therein or thereto, including without limitation, all patents, copyrights, trademarks and trade secrets remain in Marblejar™ or its licensors. Therefore, Customer shall not disclose, directly or indirectly, or take any other action which would result in the unauthorized disclosure of any confidential or proprietary data whatsoever, including, but not limited to, reproduction of data furnished to Customer by Marblejar™. The release of confidential information to Customer does not constitute a commercialization of the Marblejar™ Information. Customer shall not disclose to any third party the terms of this Agreement nor the results of any Customer evaluation hereunder except with the written consent of Marblejar™. Customer shall, upon Marblejar™'s request, certify in writing as to the return or destruction of all such confidential information. Customer shall not translate, copy, disassemble, reverse engineer, or decompile any Marblejar™ Information, nor shall Customer make copies or translations of any Marblejar™ Information or documentation. Furthermore, Customer will not make any reports or give interviews concerning the Marblejar™ Information or the confidential information without Marblejar's™ prior written consent.

DISCLAIMER OF WARRANTY.
Customer acknowledges that use of the Marblejar™ Information may involve the transmission, upload, download, translation or transfer of its data to a server or computer platform outside of Customer's control, and some errors in the data may occur while transferring, transmitting or translating data while using the Marblejar™ website . Marblejar™ cautions Customer to determine for itself the suitability of the use of the Marblejar Information for any purpose. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE USE OR PERFORMANCE OF THE MARBLEJAR INFORMATION , INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACCEPTS THE PRODUCTS IN "AS IS" CONDITION, AND MARBLEJAR™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF MARBLEJAR™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MISCELLANEOUS.
The laws of the Commonwealth of Pennsylvania, United States of America, without regard to conflicts of law rules shall govern this Agreement and the parties hereto agree to the exclusive jurisdiction of the Courts of the Commonwealth of Pennsylvania for any disputes arising out of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Customer shall not use the Marblejar Information with knowledge or reason to know that it will be transported outside the country in which Customer's principal place of business is located. In addition to the foregoing, and not in lieu thereof, Customer agrees to comply with the export laws and regulations of the United States Government, or any other export laws, restrictions or regulations, as they apply to the exports of products and technical data from the United States and re-exports or transfers of products and technical data from other countries, and to furnish or complete such documentation as may be required.

COPYRIGHT AND PATENT NOTICE.
Copyright © 2000 Marblejar™, LLC, 1910 Cochran Road, Suite 252, Pittsburgh, PA 15237 U.S.A. All rights reserved. Patent Pending.

TRADEMARKS.
Marblejar™ and/or other Marblejar™ products referenced herein are either trademarks or registered trademarks of Marblejar™. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

Contact support@marblejar.com with questions or problems, as appropriate.

By entering the Marblejar™ Web Site, all users of the said Web Site specifically agree to these Terms and Conditions as they are amended from time to time.

Last Updated: April 2, 2001