Farm Employers Labor Service

PLEASE READ THIS DOCUMENT
YOUR ACCEPTANCE OF THE ACCOMPANYING MATERIALS IS SUBJECT TO THE TERMS, CONDITIONS, DISCLOSURES AND AGREEMENT PROVIDED BELOW
TERMS OF USE AGREEMENT
AGREEMENT FOR ACCEPTANCE AND USE OF
"PATENTS, TRADEMARKS & COPYRIGHTS"

The following is the terms of the agreement between the party viewing or using the materials and information on this Internet World Wide Web Site ("WWW Site") and Farm Employers Labor Service ("FELS®"). If you do not agree to these terms, you should not review any information or obtain any documents from this WWW Site, so please review these terms carefully:

1. Introduction. Users agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the information and content provided on the FELS® WWW Site (the "WWW Site"). This Agreement constitutes the entire and only agreement between FELS® and a user of the WWW Site ("User"), and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content provided by or through the WWW Site, and the subject matter of this Agreement. Users agree to review this Agreement prior to reviewing any information or obtaining any documents.

2. Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to and included on the WWW Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a User of any such content or any part of the WWW Site, except as allowed by Section 3, is prohibited. The User does not acquire ownership rights to any content or document obtained by or on the WWW Site.

3. Limited Right to Use. The viewing, downloading or printing of any content, form or document grants the User only a limited non-exclusive license for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form, including but not limited to by photostat, microfilm, xerography, digitally, or incorporated into any information retrieval system, electronic or mechanical, other than for the User's personal use (but not for re-sale or re-distribution).

4. Indemnification. User agrees to indemnify, defend and hold FELS® and its partners, attorneys, staff and affiliates (together "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a User's violation of this Agreement or use of the WWW Site.

6. Disclaimer. THE INFORMATION, FORMS AND AGREEMENTS FROM OR ON THIS WWW Site ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE FORMS, AGREEMENTS AND DOCUMENTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FELS® AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR A USER'S USE OF ANY INFORMATION, FORM OR DOCUMENTS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FELS_sm AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FELS® AND USER. THIS SITE AND THE FORMS, AGREEMENTS AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

A. The forms, agreements and documents on the WWW Site or available on the WWW Site are samples only, and may not be appropriate under the circumstances for any particular transaction. The specifics of a given situation may require provisions not contemplated in the forms or documents. Requirements for the validity of an agreement or form may also vary greatly from state to state. Laws change rapidly and may be interpreted differently in various jurisdictions. No representations, warranties or guarantees whatsoever are made as to the accuracy, currentness, completeness, adequacy, reliability, suitability or applicability of any form or document to a particular situation. The forms and documents are neither endorsed nor approved.

B. Each form and document should be treated as a starting point and should not substitute for professional legal analysis. The WWW Site is provided and each form, agreement and document is licensed with the understanding and agreement that FELS® and its Affiliated Parties are not hereby engaged in rendering legal, accounting or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought. NEITHER THE INFORMATION PROVIDED ON THIS WWW Site NOR ATTENDANCE AT THE SEMINAR AT WHICH THIS WWW Site WAS PROVIDED CREATE AN ATTORNEY-CLIENT RELATIONSHIP WITH FELS®, NOR DO THEY SUBSTITUTE FOR LEGAL ADVICE PROVIDED IN THE CONTEXT OF AN ATTORNEY-CLIENT RELATIONSHIP. User assumes all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any form, agreement or document and for the selection of a form, agreement or document to achieve User's intended results.

C. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.

7. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Sacramento, California, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of California (without regard to conflict of law principles). Any cause of action of User with respect to the WWW Site (and/or information, forms and agreements, thereon) must be instituted within six (6) months after the cause of action arose (if any) or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 6. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Sacramento, California, and User expressly submits to the exclusive jurisdiction of said courts and User consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the WWW Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of FELS® to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. This Agreement may only be amended in a writing that specifically refers to this Agreement, executed by both parties hereto.

IMPORTANT!