December 24, 2006

WEB SITE CONDITIONS, TERMS, AND NOTICES AGREEMENT BETWEEN USER AND TIMOTHY BRIAN.

This Web site is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this Web site. Visitors to this site are expressly forbidden from using this site, functions within this site, or information from this site to sell commercial third-party products.

You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by TimothyBrian.com. However, without the prior written permission of TimothyBrian.com, you may not frame any of the content of TimothyBrian.com, nor incorporate into another website or other service any intellectual property of TimothyBrian.com or its licensors. Requests for permission to frame our content may be made by calling 507-319-5788.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of this Web site are: Copyright © 2006, 2008 Timothy Brian, and/or its suppliers, P.O. Box 969 Byron, MN 55920. All rights reserved. Timothy Brian and other names of Timothy Brian products and/or services referenced herein are trademarks or registered trademarks of Timothy Brian. Other product and company names mentioned herein may be the trademarks of their respective owners.

LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TIMOTHY BRIAN AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.

TIMOTHY BRIAN AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TIMOTHY BRIAN AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL TIMOTHY BRIAN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TIMOTHY BRIAN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LINKS TO THIRD PARTY SITES

This Web site may contain hyperlinks to Web sites operated by parties other than Timothy Brian. Such hyperlinks are provided for your reference only. Timothy Brian does not control such Web sites, and is not responsible for their contents. Timothy Brian’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

MODIFICATION OF THESE TERMS AND CONDITIONS

Timothy Brian reserves the right to change the terms, conditions, and notices under which this Web site is offered.

GENERAL

This agreement is governed by the laws of the State of Minnesota, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Olmsted County, Minnesota, USA in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Timothy Brian as a result of this agreement or use of this Web site.