TERMS of USE

Acceptance of Terms

Diversified Industries, Inc. ("Diversified") makes this site, including its technical manual, available to you subject to the following Terms of Use, which may be updated by Diversified from time to time without notice to you. Please check these Terms of Use periodically for changes. If you do not agree to the Terms of Use, please do not use this site. By using this site, you acknowledge that you have read, understood and agree to these Terms of Use. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

2. Site Content
You acknowledge and agree that all content of this site, such as articles, text, graphics, images, links, and other material contained on this site, as well as any support materials (e.g., newsletters and books) (collectively, "Content") is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and Diversified, Diversified is the owner of all such Content. You may not reproduce, distribute, republish or retransmit any Content or materials posted at this site without the prior written permission of Diversified. Except as expressly authorized by Diversified, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. Notwithstanding the above, you may print or download one copy of the materials or Content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Diversified is prohibited.

3. Third Party Sites
This site may provide links to other sites on the Internet. Diversified makes no representations whatsoever about these sites. Other sites linked to this site may contain information or material that some people may find inappropriate or offensive. The provision of links to other sites on the Internet should not imply Diversified's endorsement of any such sites or any association between Diversified and these other sites' operators. These sites are not under the control of Diversified, and you acknowledge that Diversified, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of such sites. You also acknowledge that Diversified, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to this site.

4. Disclaimer of Warranties
The Content on this site is for informational purposes only. ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE, IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DIVERSIFIED, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS SITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

5. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DIVERSIFIED, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIVERSIFIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION, ANY THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATERIAL RELATING TO THE SITE. DIVERSIFIED, ITS AFFILIATES AND ITS LICENSORS SHALL ONLY BE LIABLE TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED $100. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DIVERSIFIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES DIVERSIFIED'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

6. Representations and Warranties.
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you shall not use any rights granted hereunder for any unlawful purpose; and (c) you shall use this site only as set forth in these Terms of Use.

7. Indemnity
You agree to indemnify and hold Diversified and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due that arise from your use or misuse of this site, or breach of any warranty, covenant, representation or term contained in these Terms of Use. Diversified reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Diversified in asserting any available defenses.

8. International Use
Diversified makes no representation that materials or Content on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Content or materials are illegal is prohibited. If you access this site from other locations you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. Modifications to Service
Diversified reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site or some or all of the services offered through this site, with or without notice. You agree that Diversified shall not be liable to your or to any third party for any modification, suspension or discontinuance of this site or some or all of the services offered through it.

10. Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

11. Severability and Integration
This agreement constitutes the entire agreement between you and Diversified with respect to this site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Diversified with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

12. Termination
In the event you breach any provision of these Terms of Use, or for any other reason or no reason at all, the Diversified may, in its sole discretion, terminate your access to all or part of this site including, without limitation, your account, with or without notice.

13. Contact Information.
If have any questions or should you need any additional information about issues relating to this website and/or technical manual, please contact: Diversified Industries, Inc., 121 High Hill Road, Swedesboro, NJ 08085, Phone: 800-440-6008, e-mail: www.diversifiedindustries.com, 3980044.1