Mickey Zucker Reichert's Website

TERMS AND CONDITIONS OF WEBSITE ACCESS AND USE

This website (the "Site") is provided as a service to visitors for non-commercial use. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of the Site constitutes an unconditional agreement to follow and be bound by these Terms and Conditions. Mickey Zucker Reichert expressly reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Mickey Zucker Reichert Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. Because of this, Mickey Zucker Reichert requests that all users review these Terms and Conditions whenever you visit the Site.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for the user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. Mickey Zucker Reichert will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Mickey Zucker Reichert on this Site and other than generally available third party web browsers (e.g. Mozilla Firefox, Microsoft Internet Explorer).

LINKING

You may provide hyperlinks to the Site from other websites only if you satisfy the following requirements:

• You link only to the front or home page of the Site.
• You agree to immediately disable and discontinue any hyperlinks to the Site if requested to do so by the Mickey Zucker Reichert website developer, whether orally or in written or electronic form.
• You do not remove or otherwise obscure any content on the Site including, without limitation, any copyright notices, advertisements, or any other notices or identifiable information by any method including, without limitation, "framing."
• You immediately give Mickey Zucker Reichert written or electronic notice that you have enabled or provided a hyperlink to the Site.

You agree that the failure to comply with these requirements constitutes an improper and unlawful accessing of the Site which is likely to cause damage to the efficiency and operation of the Site.

GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Mickey Zucker Reichert to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Mickey Zucker Reichert's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Iowa law. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Iowa. The prevailing party under any such suit shall be entitled to an award of reasonable costs and attorneys fees.

USER COMMENTS, FEEDBACK, FORUM POSTS, AND OTHER SUBMISSIONS

All comments, feedback, forum posts, suggestions, ideas, and other submissions disclosed, submitted or offered to Mickey Zucker Reichert on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Mickey Zucker Reichert's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Mickey Zucker Reichert of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Mickey Zucker Reichert will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.

Mickey Zucker Reichert is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Mickey Zucker Reichert will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

INDEMNIFICATION

You agree to defend, indemnify and hold Mickey Zucker Reichert harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

TERMINATION

These terms are effective unless and until terminated by either you or Mickey Zucker Reichert. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Mickey Zucker Reichert also may terminate this Agreement at anytime and may do so immediately without notice, and accordingly deny you access to the Site, if in Mickey Zucker Reichert's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Mickey Zucker Reichert, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display will be accurate.

DISCLAIMER

THIS SITE IS PROVIDED BY Mickey Zucker Reichert ON AN "AS IS" AND "AS AVAILABLE" BASIS. Mickey Zucker Reichert MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Mickey Zucker Reichert DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Mickey Zucker Reichert DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE Mickey Zucker Reichert SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Mickey Zucker Reichert OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE Mickey Zucker Reichert SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Mickey Zucker Reichert HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Mickey Zucker Reichert BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.