1. USE RESTRICTIONS

   1. Copyright. All Site materials, including, without limitation, text, graphics and other files and the selection and arrangement thereof are copyrighted materials of Tucson Differential Corporation, © 1998-2001, ALL RIGHTS RESERVED. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of Tucson Differential. You may not "mirror" any material contained on this Site on any other server without prior written permission from Tucson Differential. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes, both locally and federally.

   2. Trademarks. The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Tucson Differential. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Tucson Differential, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tucson Differential. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Tucson Differential or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppels or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of Tucson Differential or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.

   3. Hyperlinks. You are granted a limited, nonexclusive right to create a "hypertext" link to this Site provided that such link is to the entry page of this Site and does not portray Tucson Differential or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Tucson Differential trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without Tucson Differential's express written consent. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. Tucson Differential has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Tucson Differential does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that Tucson Differential 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 the use of or reliance on any such third party sites.

   4. Downloadable Materials. Any software, including codes or other materials that are made available to download from this Site, is the copyrighted work of Tucson Differential and/or its suppliers and affiliates. If you download software from this Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of Tucson Differential in the case of codes or other downloadable materials.

   5. Limited Access. Except as otherwise expressly permitted by Tucson Differential, any access or attempt to access other areas of the Tucson Differential computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the Web pages or its contents in part or in whole on the Site or the content contained therein, for purposes other than the registration or listing within accredited search engines, without Tucson Differential's prior, express, and written permission. You will not spam (spam is defined as the sending of unsolicited e-mail to any other user of the Site for any reason). You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Tucson Differential's infrastructure.

2. DISCLAIMER WARRANTY

   This Site, including all software, functions, materials, and information, is provided "as is" without warranties of any kind, either express or implied. Tucson Differential disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational content. Please note that some jurisdictions may not allow the exclusion of implied warranties or conditions, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Site also assumes no responsibility, and shall not be liable for any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of , or browsing in the Site, or your downloading of any materials, data, text, images, video, or audio from the Site. In no event shall Tucson Differential Corporation or Site's total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Site. Tucson Differential does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability of, or the results of the use of the materials on this Site or any other sites linked to this Site. The materials of this Site may be out of date, and Tucson Differential makes no commitment to update the materials at this Site. Tucson Differential does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Tucson Differential does not warrant that this Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in this Site, software, materials, products, or services will be corrected.

3. Data Transmissions

   Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary and becomes the sole owner of said data. Anything you transmit or post may be used by Tucson Differential Corporation or its Site's, or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Tucson Differential Corporation and Site is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.

    

4. CONTENT AND CODE

   Images of people or places displayed on the Site are either the property of, or used with permission by Tucson Differential Corporation or its sites. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or elsewhere on the Site. Any unauthorized use of such images may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

   Although Site may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and any links on the Site, Tucson Differential Corporation is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

   Throughout this site, portions in part or in whole of content or code may be imported, drawn or dynamically produced from other sites, data sources to include, but not be limited to trademarked, copyrighted, or other information/content. Tucson Differential Corporation is not responsible for the content that may be dynamically created on this site.

5. LIMITATION OF LIABILITY

   In no event will Tucson Differential, its suppliers or other third parties mentioned at or in this Site be liable for any damages (including, without limitation direct, indirect, special, incidental, or consequential damages), damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any web sites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

6. U.S. GOVERNMENT RESTRICTED RIGHTS

   The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the government constitutes acknowledgment of Tucson Differential's or other owner's proprietary rights in them.

7. REVISIONS TO THIS AGREEMENT

   Tucson Differential may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.

8. APPLICABLE LAWS & SEVERABILITY

   This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of Arizona, United States of America, without giving effect to its conflict of laws. Any and all claims or controversies arising from, relating to, or concerning this Agreement shall be brought either in the Circuit or Superior Courts of Marion County, Arizona, or in a federal court of competent jurisdiction located in Pima County, Arizona. Any failure by Tucson Differential to detect or protest any breach of this Agreement shall not constitute a waiver or impairment of any relevant term or condition, or the right of Tucson Differential at any time to avail itself of such remedies as it may have for any breach or breaches of such term or condition. A waiver by Tucson Differential may only occur in writing. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.

9. AGENT DESIGNATED FOR DIGITAL MILLENNIUM COPYRIGHT ACT

Tucson Differential, Inc.
1102 S Venice Ave.
Tucson, AZ. 85711
(520) 750-1309