Mike Brandly, Auctioneer Web Site Terms of Use Last Updated July 4, 2004: This is an agreement ("Agreement") between you and Mike Brandly, Auctioneer. This Agreement governs your use of any Web site or Web page operated by Mike Brandly, Auctioneer (Mike Brandly, Auctioneer web sites). Mike Brandly, Auctioneer offers web sites to you conditioned on your acceptance without modification of this Agreement. Your use of these web sites constitutes your acceptance of this Agreement. Mike Brandly, Auctioneer reserves the right to change the terms, conditions, and notices under which it offers the these web sites. Your continued use of these web sites after the effective date of such changes constitutes your acceptance of and Agreement to such changes. Any of Mike Brandly, Auctioneer's web sites may contain additional terms that further govern use of that web site. If any terms contained in this Agreement conflict with any terms contained within a Mike Brandly, Auctioneer web site, then the terms in this Agreement shall control. The Mike Brandly, Auctioneer web sites are only for your personal use. You will not use the Mike Brandly, Auctioneer web sites for commercial purposes. You will not use the Mike Brandly, Auctioneer web sites in any way that is unlawful, or harms Mike Brandly, Auctioneer, its employees, contractors, affiliates, resellers, distributors, service providers and/or suppliers (each, a "Mike Brandly, Auctioneer Party" and collectively, the "Mike Brandly, Auctioneer Parties") or any customer of a Mike Brandly, Auctioneer Party, as determined in Mike Brandly, Auctioneer's sole discretion. You may not use the Mike Brandly, Auctioneer web sites in any manner that could damage, disable, overburden, or impair any Mike Brandly, Auctioneer web site (or the network(s) connected to any Mike Brandly, Auctioneer web site) or interfere with any other party's use and enjoyment of the Mike Brandly, Auctioneer web sites. You will not use the Mike Brandly, Auctioneer web sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. For materials you provide to Mike Brandly, Auctioneer related to the Mike Brandly, Auctioneer web sites (a "Submission"), you grant Mike Brandly, Auctioneer permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Mike Brandly, Auctioneer web sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Mike Brandly, Auctioneer will not pay you for your Submission. Mike Brandly, Auctioneer may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Mike Brandly, Auctioneer may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Mike Brandly, Auctioneer Parties or any customer of a Mike Brandly, Auctioneer Party. Mike Brandly, Auctioneer and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Mike Brandly, Auctioneer web sites. Mike Brandly, Auctioneer does not authorize the use of information available from the Mike Brandly, Auctioneer web sites, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Mike Brandly, Auctioneer provides the Mike Brandly, Auctioneer web sites "as is," "with all faults" and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the Mike Brandly, Auctioneer parties make no representations, warranties or conditions, express or implied. The Mike Brandly, Auctioneer parties disclaim any and all warranties or conditions, express, statutory and implied. There are no warranties that extend beyond the face of this Agreement. In no event will any Mike Brandly, Auctioneer party be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this Agreement or your use of the Mike Brandly, Auctioneer web sites, even if such Mike Brandly, Auctioneer party has been advised of the possibility of such damages. If you are dissatisfied with the Mike Brandly, Auctioneer web sites, you do not agree with any part of this Agreement, or you have any other dispute or claim with or against any Mike Brandly, Auctioneer party with respect to this Agreement or the Mike Brandly, Auctioneer web sites, then your sole and exclusive remedy is to discontinue using the Mike Brandly, Auctioneer web sites. The Mike Brandly, Auctioneer parties may change the Mike Brandly, Auctioneer web sites or delete features in any way, at any time and for any reason. As you use the Mike Brandly, Auctioneer web sites, you should expect to access or use information, materials, graphics, data and content (collectively, "content") originated by Mike Brandly, Auctioneer and persons other than Mike Brandly, Auctioneer (any such person is referred to as a "third party"). You acknowledge and agree that the Mike Brandly, Auctioneer parties are not responsible or liable for any content. Mike Brandly, Auctioneer may terminate this Agreement, or terminate your access to the Mike Brandly, Auctioneer web sites at any time, with or without cause, with or without notice. Upon such termination your right to use the Mike Brandly, Auctioneer web sites will immediately cease. All claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the state of Ohio. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Mike Brandly, Auctioneer may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes the entire Agreement between you and Mike Brandly, Auctioneer with respect to the Mike Brandly, Auctioneer web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Mike Brandly, Auctioneer with respect to the Mike Brandly, Auctioneer web sites. You and Mike Brandly, Auctioneer agree that any cause of action arising out of or related to the Mike Brandly, Auctioneer web sites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. All contents of the Mike Brandly, Auctioneer web sites are Copyright © 2004 Brandly & Associates, Inc., 4949 Hendron Road, Groveport, Ohio 43125-9370 U.S.A. All rights reserved.