DISCLAIMER

THE MATERIALS IN THIS ROSENBOOM ENTERPRISES SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF WORKMANLIKE PERFORMANCE. WE DO NOT WARRANT THAT THE MATERIALS ON ANY ROSENBOOM ENTERPRISES SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT ANY ROSENBOOM ENTERPRISES SITE, OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE MATERIALS ON ANY ROSENBOOM ENTERPRISES SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Rosenboom Enterprises Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from any Rosenboom Enterprises Site or third party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such third-party sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

In the event that we provide a search and directory function, you hereby agree that we cannot be held liable for any injury you may suffer as a result of those functions. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. We explicitly disclaim any responsibility for the content or availability of information contained in any search index or directories.

CREDIT CARDS OR ACCOUNT INFORMATION

Rosenboom Enterprises takes the issue of your privacy seriously. We may provide your credit card or account number, billing and shipping information to merchant account providers, and participating merchants from whom you buy goods or services, or to other persons as reasonably necessary. The merchants or other persons are solely responsible for how they use that information and any other information they independently acquire from you or about you.

SUBSCRIPTIONS/BILLING

Some services offered on Rosenboom Enterprises Sites may be subscription based services. If you open a subscription based account with any of our sites, you hereby agree to pay all charges to your account, including all applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. You agree to pay 21% annual interest or the highest amount of interest allowed by law, whichever is less, on any amounts due by you to Rosenboom Enterprises as of the date any such amount first becomes due. You hereby agree to pay all costs and attorneys’ fees incurred by Rosenboom Enterprises in collecting any amounts due it from you, or to otherwise enforce this Agreement with respect to you. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason. You hereby agree that Rosenboom Enterprises may charge any amount owing it from you to any of your credit cards or accounts for which Rosenboom Enterprises has knowledge of its existence.

Your right to use the Service is subject to any limits established by Rosenboom Enterprises or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, Rosenboom Enterprises reserves the right to either suspend or to terminate your access and account, thereby terminating this Agreement and all obligations of Rosenboom Enterprises to you hereunder.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored on or transmitted through the Rosenboom Enterprises site,) you hereby agree to immediately notify Rosenboom Enterprises to avoid possible liability for any unauthorized charges to your account.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your Password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs, including attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement, claims arising from your account, or claims arising from your conduct with respect to any Rosenboom Enterprises Site. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.

LIMITATION OF LIABILITY AND REMEDIES

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COLLATERAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY ROSENBOOM ENTERPRISES SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE REMEDY FOR ANY INJURY SUFFERED BY YOU RELATING TO ANY ROSENBOOM ENTERPRISES SITE IS IN LEGAL DAMAGES, AND, EXPRESSLY NOT BY WAY OF EQUITABLE RELIEF OR SPECIFIC PERFORMANCE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RELATING TO YOU (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT ACTUALLY PAID TO ROSENBOOM ENTERPRISES BY YOU FOR ACCESSING ANY ROSENBOOM ENTERPRISES SITE.

YOU HEREBY AGREE TO PROVIDE SIXTY (60) DAYS PRIOR WRITTEN NOTIFICATION TO ROSENBOOM ENTERPRISES OF ANY DISPUTE THAT YOU MAY HAVE INVOLVING ROSENBOOM ENTERPRISES, WHETHER ARISING IN TORT OR CONTRACT OR OTHERWISE, AND TO PROVIDE ROSENBOOM ENTERPRISES A REASONABLE OPPORTUNITY TO CURE THE DISPUTE, BEFORE INITIATING ANY LITIGATION INVOLVING ROSENBOOM ENTERPRISES. YOU HEREBY AGREE TO SUBMIT ANY DISPUTE YOU MAY HAVE INVOLVING ROSENBOOM ENTERPRISES TO BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION IF ROSENBOOM ENTERPRISES, IN ITS SOLE DISCRETION, SO DEMANDS.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in any Rosenboom Enterprises Site are presented solely for the purpose of conducting business in the United States and its territories, possessions, and protectorates. Rosenboom Enterprises is controlled and operated from its U.S. offices in the State of Kansas, USA. We make no representation that materials on any Rosenboom Enterprises Site is appropriate or available for use in any particular location. Those who choose to access a Rosenboom Enterprises Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site may be further subject to United States export controls. No software from this site may be accessed, downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by notifying Rosenboom Enterprises of such termination in writing, discontinuing use of all Rosenboom Enterprises Sites, destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise, and paying all amounts due to Rosenboom Enterprises. Your access to any and all Rosenboom Enterprises Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms or in the event Rosenboom Enterprises no longer chooses to provide any such service to you. Upon termination, you must cease use of the Rosenboom Enterprises Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We may give notice to you by means of a general notice on any Rosenboom Enterprises Site, electronic mail to your e mail address on our records, or by written communication sent by first class mail to your address on our records.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted to the following Designated Agent:

Name of Agent Designated to Receive Notification of Claimed Infringement: Bradley J Brown.

Full Address of Designated Agent to Which Notification Should be Sent: 100 N. Broadway, Suite 500, Wichita, Kansas 67202.

Telephone Number of Designated Agent: (316) 265-9311

Facsimile Number of Designated Agent: (316) 265-2955

E Mail Address of Designated Agent: bjbrown@mpows.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

GENERAL PROVISIONS

These terms shall be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any principles of conflicts of law. You agree that any arbitration, or any action at law or in equity arising out of or relating to these terms shall be exclusively filed in Sedgwick County, Kansas, USA, and you hereby consent and submit to the personal jurisdiction of any such tribunal for the purposes of litigating any such action.

SEVERABILITY

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

SURVIVAL OF TERMS

You agree that the terms relating to your indemnification of Rosenboom Enterprises and the disclaimer of any warranties by Rosenboom Enterprises, as well as any other provision the nature of which is required to survive termination, shall survive the termination of this agreement.

WAIVER

You agree that the failure by Rosenboom Enterprises to insist upon the strict performance of any of the terms or conditions of this Agreement or to exercise any option, right or remedy herein contained on any specific occasion, shall not be construed as a waiver or as a relinquishment of any such terms, conditions, options, rights or remedies on any other occasion. No waiver by Rosenboom Enterprises of any term or provision hereof shall be deemed to have been made unless expressed in writing and signed by an authorized representative of Rosenboom Enterprises.

PRIOR AGREEMENTS

You agree that this Agreement supersedes any written, electronic, or oral communication that you may have had with Rosenboom Enterprises or any of its agents, and this Agreement constitutes the complete and total agreement between you and Rosenboom Enterprises.