AGREEMENT BETWEEN USER AND JEM

The Web Site of JEM Electronics, Inc. (JEM Web Site) is comprised of various Web pages operated by JEM Electronics, Inc. (JEM).

The JEM Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the JEM Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

JEM reserves the right to change the terms, conditions, and notices under which the JEM Web Site is offered, including but not limited to any charges associated with the use of the JEM Web Site.

LICENSE AND SITE ACCESS

JEM grants you a limited license to access and make personal or non-competitive commercial use of the JEM Web Site. You may not download or modify the JEM Web Site, or any portion of it, except with the express written consent of JEM. This license expressly excludes any right of resale or competitive commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices for purposes adverse to JEM; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools for any purpose. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of JEM.

LINKS TO THIRD PARTY SITES

The JEM Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of JEM and JEM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. JEM is not responsible for webcasting or any other form of transmission received from any Linked Site. JEM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JEM of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the JEM Web Site, you warrant to JEM that you will not use the JEM Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the JEM Web Site in any manner that could damage, disable, overburden, or impair the JEM Web Site or interfere with any other party's use and enjoyment of the JEM Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for or through the JEM Web Sites. The foregoing prohibition includes, but is not limited to, using manual or automated methods to download, copy or otherwise obtain information that is intended (a) for commercial or other use by persons or entities other than JEM and its customers, or (b) for dissemination or distribution to the general public.

ELECTRONIC COMMUNICATIONS

When you visit the JEM Web Site or send emails to JEM, you are communicating with JEM electronically. When you communicate with JEM in this manner you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the JEM Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, when communicating with JEM electronically you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the JEM Web Site or another's computer.
• Restrict or inhibit any other user from using and enjoying the Web Site.
• Violate any code of conduct or other guidelines that may be applicable to the Web Site.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
• JEM reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Always use caution when giving out any personally identifying information about yourself. JEM specifically disclaims any liability with regard to Electronic Communications and any actions resulting from your participation in any such communications.

MATERIALS PROVIDED TO JEM OR POSTED AT ANY JEM WEB SITE

If and to the extent that you post, upload, input or submit information to any JEM Web Site or its associated services (collectively "Submissions") you grant JEM, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. JEM is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in JEM's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE JEM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JEM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE JEM WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE JEM WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

JEM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE JEM WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. JEM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JEM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE JEM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE JEM WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE JEM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE JEM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JEM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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 JEM WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE JEM WEB SITE.

SERVICE CONTACT:

support@jemcables.com

TERMINATION/ACCESS RESTRICTION

JEM reserves the right, in its sole discretion, to terminate your access to the JEM Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Suffolk County, Massachusetts, U.S.A. in all disputes arising out of or relating to the use of the JEM Web Site. Use of the JEM Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and JEM as a result of this agreement or use of the JEM Web Site. JEM's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of JEM's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the JEM Web Site or information provided to or gathered by JEM with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and JEM with respect to the JEM Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and JEM with respect to the JEM Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the JEM Web Site are: Copyright 2008, JEM Electronics, Inc. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent.