FLEXcon Company, Inc. ("FLEXcon") maintains this Internet web site (the "Site") to provide information regarding FLEXcon products. Your access to and use of the Site is also subject to the following Terms of Use (the "Terms"), any operating rules, policies, or procedures that may be published from time to time on this Site by FLEXcon and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and acknowledge that any other agreements between you and FLEXcon regarding this subject matter are superseded and of no further effect. If you do not agree to the Terms, you should immediately discontinue any use of this Site.

1. PROPRIETARY RIGHTS. You are granted permission to download material displayed on the Site for non-commercial, personal use only, provided that you also retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without written permission from FLEXcon. You should assume that the content you see or read on this Site, including but not limited to text, software, photographs, video, graphics or other material contained on the Site ("Content") is protected by copyright unless otherwise noted. You may not use, copy, reproduce, distribute, or make derivative works from the Content except as provided in these Terms or in the text on the Site, without the written permission of FLEXcon. These Terms do not transfer any right, title, or interest in the Content to you, and you may not use the Content without expressly being authorized to do so by FLEXcon or the applicable third party. The trademarks, logos and service marks (collectively, the "Trademarks") displayed on the Site are registered and unregistered Trademarks of FLEXcon and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited.

2. PRIVACY STATEMENT. All information collected by FLEXcon from users that view the Site will be handled in accordance with FLEXcon's Privacy Statement.

3. LINKS TO THIRD PARTY WEBSITES [AND ADVERTISING]. FLEXcon is not responsible for the content of any other sites linked to or from the Site; these other sites have been developed by parties other than FLEXcon. FLEXcon is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. FLEXcon is not acting as a publisher or disseminator of the material contained on those other sites. Your linking and/or bookmarking to any third party pages or other websites is at your own risk. You may enter into correspondence with or participate in promotions of advertisers promoting their products or services on the Site ("Advertisers"). You acknowledge and agree that any such correspondence or participation, including the delivery of, and the payment for, products and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and Advertiser. FLEXcon shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence, participation, or transactions.

4. USER COMMUNICATIONS. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by FLEXcon or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, FLEXcon is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any acknowledgement or obligation of compensation to you.

5. USER CONDUCT. You are solely responsible for your conduct. You agree that you are solely responsible for your actions, and the content of your transmissions through or on the Site. You agree:

   1. to abide by all applicable local, state, national, and international laws and regulations in your use of the Site;
   2. not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
   3. to comply with all laws regarding the transmission of technical data (including without limitation encryption) exported from the United States through the Site;
   4. not to use the Site for illegal purposes;
      
   5. to comply with all regulations, policies and procedures of networks connected to the Site; and
      
   6. not to use the Site to collect or harvest personal information, including, without limitation, financial information, about other users of the Site.
      
   7. not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
      
   8. not to interfere or disrupt networks connected to the Site;
      
   9. not to use any device, software or routine or attempt to interfere with the proper functioning of the Site [or any transactions being offered at the Site;]
      

   10. not to take any action that imposes an unreasonable or disproportionately large load on FLEXcon's infrastructure.
       

6. COPYRIGHT INFRINGEMENT. FLEXcon maintains a special e-mail address for notifications of claimed infringement concerning materials. All correspondence should be addressed to FLEXcon's "Designated Agent to Receive Notification of Claimed Infringement" at copyright@flexcon.com or at FLEXcon Corporation. You may contact FLEXcon with complaints regarding allegedly infringing posted material and FLEXcon will investigate those complaints. If the material is believed in good faith by FLEXcon to violate any applicable law, FLEXcon will remove or disable access to any such material.

7. NO RESALE OF THE SITE. Your right to use the Site is limited solely to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express consent of FLEXcon.

8. DISCLAIMER OF WARRANTIES. While FLEXcon uses reasonable efforts to include accurate and up-to-date information on the Site, FLEXcon makes no warranties or representations as to its accuracy. FLEXcon assumes no liability or responsibility for any error or omissions in the content of the Site. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS BY FLEXCON [AND ITS MANUFACTURERS AND SUPPLIERS]. FLEXCON [AND ITS MANUFACTURERS AND SUPPLIERS] EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. FLEXCON MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FLEXCON MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

   YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY. As a condition of your use of the Site, you agree that neither FLEXcon, nor any subsidiary, officer, affiliate, shareholder, director, agent or employee of FLEXcon will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Site or your use of the Site including but not limited to, (a) damages resulting from or arising from your reliance on the Site or any Content on the Site, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the Site or any Content; (b) any allegation, claim, suit, or other proceeding based upon a contention that the use of the Site by you or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party; or (c) any delay or failure of FLEXcon to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond FLEXcon's control. Content is for informational purposes only.

   The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of FLEXcon and its subsidiaries, officers, affiliates, shareholders, directors, agents or employees, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.

   FLEXCON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, EVEN IF FLEXCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. INDEMNIFICATION. You agree to indemnify, defend and hold harmless FLEXcon, its parents, subsidiaries, affiliates, directors, officers, shareholders and employees, from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Site, your infringement of any intellectual property, your violation of these Terms, or other legal right of any person or entity.

11. MODIFICATIONS TO SITE. FLEXcon reserves the right to modify or discontinue all or part of the Site, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. You acknowledge and agree that FLEXcon shall not be liable to you or any third party in the event that FLEXcon exercises its right to modify or discontinue all or part of the Site.

12. MODIFICATIONS TO TERMS. FLEXcon may at any time revise these Terms by posting the amended Terms on the Site. The amended Terms shall automatically become effective immediately after they are initially posted on this Site. Your continued use of the Site after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgement of the Terms and modifications; and (b) agreement to abide and be bound by the Terms, as amended.

13. GENERAL. In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of these Terms. Both you and FLEXcon agree to allow a court or arbitrator to replace such an invalid, unenforceable or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable or void provision. FLEXcon's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms shall be governed by and construed in accordance with the laws of the [Commonwealth of Massachusetts], without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. You hereby consent to personal jurisdiction by the state and federal courts located in Worcester County, Massachusetts. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices may be sent by regular mail, postage prepaid to FLEXcon's address provided below. FLEXcon may also broadcast notices or messages on this Site, or other matters of importance; such broadcasts shall constitute notice to you. These Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

The last revision date for these Terms: (05/02/01).