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May 17, 2008       Phone: 916-852-1606
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Conditions of Use - Nimbus Pond Supply

Conditions of Use
By using this website, you acknowledge your assent to the following conditions of use without limitation or qualification. Please read these conditions carefully before using this website. These terms and conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound.

Links to Other Internet Sites
At certain places on this Nimbus Pond Supply site, live links to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Nimbus Pond Supply. Nimbus Pond Supply does not endorse, approve, certify, or control these external sites and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary, and reliance on it should be undertaken only after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by Nimbus Pond Supply.

DISCLAIMER
To the fullest extent permissible pursuant to applicable law, the materials on this website are provided "as is" and without warranties of any kind either expressed or implied and Nimbus Pond Supply and its subsidiaries and affiliates (collectively, Nimbus Pond Supply) disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Nimbus Pond Supply does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. Nimbus Pond Supply does not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not Nimbus Pond Supply) assume the entire cost of all necessary servicing, repair, or correction. The information and descriptions contained herein are not necessarily intended to be complete descriptions of all terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes; please refer to the actual policy or the relevant product or services agreement.

This website may be linked to other websites which are not maintained by Nimbus Pond Supply. Nimbus Pond Supply is not responsible for the content of those websites. The inclusion of any link to such websites does not imply approval of or endorsement by Nimbus Pond Supply of the websites or the content thereof.

LIMITATION OF LIABILITY
While Nimbus Pond Supply uses reasonable efforts to include accurate and up to date information on this website, errors or omissions sometimes occur. To the fullest extent permissible under applicable law, Nimbus Pond Supply makes no warranties or representations as to the accuracy of this website and under no circumstances, including, but not limited to, negligence, shall Nimbus Pond Supply or any party involved in creating, producing, or delivering the website be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if Nimbus Pond Supply or an Nimbus Pond Supply authorized representative has been advised of the possibility of such damages. In no event shall Nimbus Pond Supply's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website.

Nimbus Pond Supply also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.

RESTRICTIONS ON USE OF MATERIALS
This website is owned and operated by Nimbus Pond Supply. Except as otherwise expressly permitted by Nimbus Pond Supply, no materials from this website or any website owned, operated, licensed or controlled by Nimbus Pond Supply may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this website for your use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without Nimbus Pond Supply's written permission.

Nimbus Pond Supply neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties.

JURISDICTIONAL ISSUES
Unless otherwise expressly set forth herein, Nimbus Pond Supply makes no representation that materials on this website are appropriate or available for use in any location. Those who choose to access this website do so on their own initiative and are responsible for compliance with local laws.

OWNERSHIP OF INFORMATION
Any information, other than personal data or information, you transmit to Nimbus Pond Supply via this website, by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary and will become the property of Nimbus Pond Supply. Such information, other than personal data or information, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Nimbus Pond Supply is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Nimbus Pond Supply via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.


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