Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY

1. Subscribers to D.A. Rau & Associates Services ("the Service")

a) Services are subject to your compliance with the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not use these services.

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2. Use of D.A. Rau & Associates Services and the Internet

a) Neither D.A. Rau & Associates, nor any of its affiliates, operates or controls any information, products or services on the Internet in any way, except for such D.A. Rau & Associates- identified information, products or services. All merchandise, information and services offered or made available or accessible through D.A. Rau & Associates or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with D.A. Rau & Associates or its affiliates. You assume total responsibility and risk for your use of our services and the Internet. Neither D.A. Rau & Associates nor its affiliates make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to any merchandise, information or service provided through D.A. Rau & Associates or on the Internet generally, and they shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, provided through D.A. Rau & Associates or on the Internet generally.

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3. No Service Warranties

a) The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or impled, including but not limited to warranties of title, noninfringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by D.A. Rau & Associates, its affiliates or its contractors or their respective employees shall create a warranty. Neither D.A. Rau & Associates nor its affiliates warrants that the service will be uninterrupted or error free or that any information, software or other material accessible on the service, or through the internet is free of viruses, worms, trojan horses or other harmful components. Under no circumstances shall D.A. Rau & Associates, its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of or inability to use the service, or your reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance. If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of D.A. Rau & Associates in operating the Service, your sole and exclusive remedy is to discontinue using the Service.

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4. User Conduct of D.A. Rau & Associates Services

While using the Service, you may not:

a) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation, the U.S. export control laws and regulations;

b) post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;

c) post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);

d) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.

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5. Monitoring of the Service

a) D.A. Rau & Associates has no obligation to monitor the Service. However, you agree that D.A. Rau & Associates has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. D.A. Rau & Associates will not intentionally monitor or disclose any private electronic-mail message or other transmission unless required by law. D.A. Rau & Associates reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

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6. Failure to Comply With Terms and Conditions

a) D.A. Rau & Associates may deny you access to all or part of the Service without notice if you engage in any conduct or activities that D.A. Rau & Associates, in its sole discretion, believes violates any of the terms and conditions in this Agreement. D.A. Rau & Associates shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. If D.A. Rau & Associates denies you access to the Service because of such a violation, you shall have the right to a credit of service fees for the term you are denied service. You agree to defend, indemnify and hold D.A. Rau & Associates and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.

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7. Agreement Enforcement

a) In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. D.A. Rau & Associates's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. D.A. Rau & Associates may modify this Agreement from time to time by placing a notice of such modification in the D.A. Rau & Associates Web site under "Terms & Conditions". Your continued use of the Service following notice of such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the "Terms & Conditions" area regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately stop using the Service.

b) This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

c) This Agreement constitutes the entire agreement between you and D.A. Rau & Associates with respect to the Service.

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