User Agreement

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE MIDNIGHTOILSOAP.COM WEB SITE ("THE "MIDNIGHT OIL SOAP SITE"). BY ACCESSING OR USING THE MIDNIGHT OIL SOAP SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE MIDNIGHT OIL SOAP SITE. MIDNIGHT OIL SOAP COMPANY (HEREINFAFTER REFERRED TO INDIVIDUALLY AND COLLECTIVELY WITH MIDNIGHTOILSOAP.COM AS "MIDNIGHT OIL SOAP") MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE MIDNIGHT OIL SOAP SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE MIDNIGHT OIL SOAP SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright.
Domestic and International copyright and trademark laws protect the entire contents of the Midnight Oil Soap Site. The owners of the intellectual property, copyrights and trademarks are Midnight Oil Soap, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE MIDNIGHT OIL SOAP SITE, INCLUDING TEXT, GRAPHICS AND CODE.

You may print and download portions of material from the different areas of the Midnight Oil Soap Site solely for your own non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the materials. Furthermore, you agree to grant to Midnight Oil Soap a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Midnight Oil Soap Site (such as bulletin boards, forums and newsgroups) or by e-mail to Midnight Oil Soap by all means and in any media now known or hereafter developed. You also grant to Midnight Oil Soap the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Midnight Oil Soap for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Midnight Oil Soap.

2. Use of the Midnight Oil Soap Site.
You understand that, except for information, products or services clearly identified as being supplied by Midnight Oil Soap, Midnight Oil Soap does not operate, control or endorse any information, products or services on the Internet in any way. Except for Midnight Oil Soap - identified information, products or services, all information, products and services offered through the Midnight Oil Soap Site or on the Internet generally are offered by third parties that are not affiliated with Midnight Oil Soap.

You also understand that Midnight Oil Soap cannot and does not guarantee or warrant that any files available for downloading through the Midnight Oil Soap Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Midnight Oil Soap Site for the reconstruction of any lost data.

In connection with your use of the Midnight Oil Soap Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, a Midnight Oil Soap official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use communication features of the Midnight Oil Soap Site in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity; or
k) Manipulate or otherwise display the Midnight Oil Soap Site by using framing or similar navigational technology.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE MIDNIGHT OIL SOAP SITE AND THE INTERNET. MIDNIGHT OIL SOAP PROVIDES THE MIDNIGHT OIL SOAP SITE AND RELATED INFORMATION "AS IS" AND, EXCEPT FOR MIDNIGHT OIL SOAP-IDENTIFIED PRODUCTS, DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE MIDNIGHT OIL SOAP SITE OR ON THE INTERNET GENERALLY, AND MIDNIGHT OIL SOAP SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. EXCEPT FOR MIDNIGHT OIL SOAP-IDENTIFIED PRODUCTS, IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE MIDNIGHT OIL SOAP SITE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. MIDNIGHT OIL SOAP HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY
IN NO EVENT WILL MIDNIGHT OIL SOAP BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MIDNIGHT OIL SOAP SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED BY OTHERS ON THE MIDNIGHT OIL SOAP SITE, OR DOWNLOADED FROM THE MIDNIGHT OIL SOAP SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF MIDNIGHT OIL SOAP OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) EXCEPT FOR MIDNIGHT OIL SOAP-IDENTIFIED PRODUCTS, ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN MATERIALS OR INFORMATION DOWNLOADED THROUGH THE MIDNIGHT OIL SOAP SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MIDNIGHT OIL SOAP'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

3. Indemnification.
You agree to indemnify, defend and hold harmless Midnight Oil Soap, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Midnight Oil Soap Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Midnight Oil Soap Site.

4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Midnight Oil Soap Site), and 3 (Indemnification) are for the benefit of Midnight Oil Soap and its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Midnight Oil Soap Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Term; Termination.
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright), 2 (Use of the Midnight Oil Soap Site), 3 (Indemnification), 4 (Third Party Rights) and 9 (Miscellaneous) shall survive any termination of this Agreement.

6. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, e-mail or privacy, in your access and use of the Midnight Oil Soap Site.

7. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Midnight Oil Soap Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Midnight Oil Soap shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

8. Links.
The Midnight Oil Soap Site may provide, or third parties may provide, links to non-Midnight Oil Soap Internet World Wide Web sites or resources. Because Midnight Oil Soap has no control over such sites and resources, you acknowledge and agree that Midnight Oil Soap is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

You further acknowledge and agree that Midnight Oil Soap shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of the State of Washington applicable to agreements made and to be performed in Washington. You agree that any legal action or proceeding between Midnight Oil Soap and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in or for the county of Walla Walla, state of Washington.

Any cause of action or claim you may have with respect to the Midnight Oil Soap Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Midnight Oil Soap's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Midnight Oil Soap may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

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