TERMS OF USE FOR

a la mode, inc. Web Site

The use of the web site (the "Web Site") is subject to the terms and conditions stated herein. Use of the Web Site constitutes an agreement by you, the user, that your use is governed by these terms and conditions. In addition, when using particular a la mode, inc. (“ALM”) services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time. XSites, XSites Network, WinTotal, InterFlood, and Pocket Total are among the products owned by ALM. You are responsible for regularly reviewing this Agreement. You can review the most current version of the Agreement at any time at: http://www.xsitesnetwork.com/TermsOfUse.asp.

Ownership of Intellectual Property/Usage Restrictions

The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by ALM or its licensors. United States and worldwide copyright laws and treaty provisions protect the contents of this Web Site. In accordance with these terms, except as stated above,
 

you and other Web Site users may not:

Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from, transmit or distribute in any way material from the Web Site without ALM’s express written permission.

Copy, modify or display trademarks, names or logos appearing on this Web Site in any way without ALM’s express written permission.

Redeliver, transfer, or sell any information, software, lists of users, databases or other lists, products, or services provided through or obtained from the ALM Web Sites. This includes among other activities, using "framing”, “scraping”, “screen scraping,” “database scraping”, or any other activity with the purpose of obtaining lists of users or other information and includes any of the pages, text, images or other content of this Web Site technology without a la mode’s express written permission.

Soliciting any of the individuals or companies listed on this web site for purposes of selling products or services is prohibited.

You agree that you will not use the a la mode Web Sites in any manner that could damage, disable, overburden, or impair the ALM Web Sites or interfere with any other party's use and enjoyment of the ALM Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ALM Web Sites.

Except with the written permission of ALM, you agree that you will not create links from any web site or web page to any page within the ALM Web Sites with the exception of www.alamode.com, the ALM Web Sites homepages, including, but not limited to pages currently located at www.alamode.com. The origin of any such link to the ALM Web Sites homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the ALM Web Sites homepage. You agree that if you create any link to the ALM Web Sites that you will not employ any technology that results in the placement of content from the ALM Web Sites in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the ALM Web Sites from how they would appear if a user typed in their URL to a typical browser line. You agree that ALM may in its sole discretion and at any time terminate your access to and use of the ALM Web Sites, or any part thereof, with or without notice.

Web Site Security

You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. ALM will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

LIMITED WARRANTY

THE ALM WEB SITES ARE PROVIDED "AS-IS" AND "WITH ALL FAULTS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEB SITES, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING THE WEB SITES. THE COMPANY DOES NOT WARRANT THAT THE WEB SITES ARE FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.

LIMITATION OF LIABILITY

ALM SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ALM WEB SITES. USE OF ALM WEB SITES IS AT YOUR OWN DISCRETION 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 STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ALM WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ALM WEB SITES.

Indemnity

You will indemnify, defend and hold harmless ALM and its officers, directors, employees and agents (each, an "Indemnified Party") from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, "Damages") incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the ALM Web Sites or (ii) your breach of this Agreement.

Governing Law/Arbitration

This Agreement shall be construed and governed by the State of Oklahoma, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Oklahoma in all disputes arising out of or relating to the use of the ALM Web Sites. Use of the ALM Web Sites is unauthorized in any jurisdiction that does not give the effect to all provisions of these terms and conditions, including without limitation this paragraph.