These Bradek.biz Terms of Service comprise a legal agreement between You and Bradek Corporation and governs Your use of Bradek.biz. BY SUBSCRIBING TO BRADEK.BIZ SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms do not subscribe to or use the Bradek.biz services.

Bradek.biz is made up of Web sites and Web pages operated by Bradek and its affiliates and of various products and services which are provided by Bradek, its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as "Bradek.biz" or the "Bradek.biz Network." "You" means You, Your company, Your employees, and anyone who has access to use Your Bradek.biz; account. You must be at least eighteen (18) years of age to subscribe to and use any Bradek.biz service or product.

This general provisions apply to the Bradek.biz Network and to all of the products and services provided through the Bradek.biz network. (Each applicable Bradek.biz Web site, product or service may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.

The Bradek.biz Network is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the Bradek.biz Network and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. Bradek reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use the Bradek.biz Network after any such changes, Your continued use will constitute Your consent to such changes. Bradek does not and will not assume any obligation to notify You of any changes to the Terms of Service or Additional Terms.

Any rights not expressly granted herein are reserved by Bradek. In addition Your registration information and other information about You is subject to our Privacy Statement located at http://smallbusiness.bradek.com/policies.htm

If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please visit the Bradek.biz customer service Web site and send an email requesting a hard copy. You may also click on the link to "Terms of Service" or "Terms of Use" at the bottom of each page of the Bradek.biz Network for copy of these Terms of Service, which may be printed and saved through the printing and saving capability of your browser and printer.

YOUR WARRANTIES
By subscribing to any service offered on the Bradek.biz site, You make the following representations and warranties. Bradek shall have the right to terminate your Bradek.biz account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.

You represent and warrant that:

• You and all users of the Bradek.biz Network approved by you are at least eighteen (18) years of age;
• You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the Bradek.biz service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company;v
• You will not use the Bradek.biz Network for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time);
All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process;
• Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and
• You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site.

By using the Bradek.biz Network, You agree that You will defend and indemnify Bradek and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

LIMITATIONS ON YOUR USE OF THE BRADEK.BIZ NETWORK
The Bradek.biz Network is provided to assist You with the operation of Your business. Your right to use the Bradek.biz Network is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and your Bradek.biz account. Bradek reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service and the Additional Terms. Bradek reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Bradek.biz Network, except as expressly provided herein.

You may not use a name in connection with operating Your Bradek.biz Web site that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.

You may not restrict or inhibit any other user from using and enjoying such user's rights in Bradek.biz.

You may not interfere with or disrupt the Bradek.biz Network or servers or any network connected to Bradek.biz.

You may not use the Bradek.biz Network or the products or services provided through or in connection with the Bradek.biz Network to:

1. rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;
2. defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
3. conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns;
4. harm minors in any way;
5. publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
6. sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any Bradek.biz services or Your Web site would cause Bradek to violate any law, statute or regulation; or any other illegal activity;
7. harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
8. violate any applicable government laws or regulations.

The information provided by Bradek to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Bradek with any third party.

FEES
Some products and services available through or in connection with Bradek.biz require that You purchase a subscription or otherwise pay a fee. You hereby authorize Bradek to charge Your credit card in advance for all applicable fees incurred by You or on Your behalf in connection with Your use of the Bradek.biz product or service You have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your Bradek.biz account by you or anyone else using your account. Bradek reserves the right to modify the fees charged for Bradek.biz products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Bradek posts such modified fees on the Bradek.biz Web site. Amounts not paid by You to Bradek when due may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law.

If You notify Bradek by phone at the number found on the customer service page of the Bradek.biz website or in writing that You are canceling one or more Bradek.biz services or products, fees pre-paid by You to Bradek for Bradek.biz products or services will be credited back to Your applicable credit card in accordance with the Cancellation Policy outlined below. Bradek is not required to refund directly to You any amounts paid hereunder. It is Your responsibility to notify Bradek.biz if Your credit card has changed or has expired and to make appropriate changes or Your service may be disconnected or interrupted.

In the event that Bradek terminates Your Bradek.biz account or one or more of Your Bradek.biz services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service.

CANCELLATION POLICY
You acknowledge that if You cancel any subscriptions to a Bradek.biz service that You may not be entitled to a refund of all or part of amounts already paid by You for such Bradek.biz subscription. You agree that (a) Bradek.biz's cancellation policy will be posted on the Bradek.biz Web site and may be changed from time to time by Bradek.biz in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you.

CHANGES TO SERVICES, TERMINATION BY BRADEK.BIZ
Bradek may change any of the Bradek.biz services at any time and from time to time without notice, including terminating the offering of any Bradek.biz service altogether.

Bradek may terminate Your account, Your access to Bradek.biz or any of Your Bradek.biz services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your Bradek.biz services or from using the Bradek.biz Network or from receiving any products, services or benefits from Bradek.biz, if Bradek determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Bradek receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the Bradek.biz Network and there will be no refund of any fees prepaid by You. If You subscribe to a Bradek.biz service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the Bradek.biz service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.

LINKS TO THIRD PARTY SITES
Links within the Bradek.biz Network may let You leave the Bradek.biz Network. You acknowledge that the linked sites are not under the control of Bradek and that Bradek is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Bradek is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Bradek of the linked site or any association with their operators.

LICENSE YOU GRANT TO BRADEK.BIZ
Bradek does not claim ownership of the materials You provide to Bradek (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of Bradek.biz or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of Bradek.biz (collectively "Submissions"). However, You grant Bradek a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of Bradek.biz. You also grant Bradek the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to Bradek's or its sublicensee's use of the materials as licensed above. Bradek is under no obligation to post or use any materials You may provide, and may remove such materials at any time in Bradek's sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Bradek.biz Network, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant Bradek the license set forth above, and You will defend and indemnify Bradek and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

You grant Bradek permission to use screen shots of any Web page that contains a link to Bradek.biz or Bradek.biz HTML code (with respect to the Bradek.biz Banner Network) in Bradek.biz promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.

LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through the Bradek.biz Network may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the Bradek.biz Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

Your access to and use of the Bradek.biz Network, and products and services of Bradek.biz, is at Your own risk. Bradek makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Bradek.biz Network, or such products or services. Without limiting the foregoing, NEITHER BRADEK NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN Bradek.biz FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BRADEK AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL BRADEK OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

• DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Bradek.biz OR RELATED SERVICES, OR
• WITH THE DELAY OR INABILITY TO USE BRADEK.BIZ OR RELATED SERVICES;
• THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Bradek.biz; OR
• OTHERWISE ARISING OUT OF THE USE OF BRADEK.BIZ, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Bradek 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 Bradek.biz, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BRADEK.BIZ NETWORK AND ITS RELATED SERVICES AND PRODUCTS.

Without limiting the foregoing, Bradek is not responsible for any of Your data residing on Bradek and Bradek.biz Network hardware or systems, including such hardware or systems provided to Bradek by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Bradek or Bradek.biz hardware or systems, including such hardware or systems provided to Bradek by third parties, whether or not such information is produced through the use of Bradek.biz, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Bradek.biz Network. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Bradek will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the Bradek.biz Network, its services or products; (b) Your customers' use of Your Web site hosted by or created through Bradek.biz and Your products and services; (c) use of the Bradek.biz Network by any other party to whom You have given access to Your company information for use of the Bradek.biz Network; (d) errors, bugs or other defects in the Bradek.biz Network; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the Bradek.biz Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Bradek's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Bradek.biz Network.

Bradek is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your Bradek.biz information, through the use of the Bradek.biz Network.

Bradek is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through the Bradek.biz Network. Bradek is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through Bradek.biz. Bradek is not acting as Your or any third party's agent in connection with the operation of Bradek.biz. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Bradek is not involved in any orders or other transactions between You and other users of Bradek.biz or other marketplace forums, Bradek cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Web Site or on any Bradek.biz service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). Bradek is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. Bradek makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using Bradek.biz.

INDEMNITY
You agree to defend, indemnify and hold Bradek and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Bradek or Your use of Bradek.biz.

ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
Bradek reserves the right to deny in its sole discretion any user access to Bradek.biz or any portion thereof without notice.

You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the Bradek.biz Network resulting from any third party using a password or user name issued to You. You agree to notify Bradek immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the Bradek.biz Network known to or suspected by You. You may change Your password at any time by following instructions on the Bradek.biz Web site.

You hereby authorize Bradek to rely on any data, notice, instruction or request furnished by You to Bradek, or that Bradek reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Bradek is not responsible for fraud of participants or of other users of your account.

YOUR CUSTOMER DATA
Bradek.biz will not use Your customer data or Your customer contact list for any purposes other than those intended by the Bradek.biz Network. Your customer information will not be shared with any other parties, unless you are also subscribing to a Bradek.biz service where one of the features of such service is the sharing of customer information between the services. Bradek.biz will not use Your customer information for the purpose of sending unsolicited commercial e-mail to such customers.

GENERAL
These Terms of Service and the Additional Terms are governed by the laws of the State of Delaware, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in State of Delaware, U.S.A. in all disputes arising out of or relating to the use of the Bradek.biz Services or the Bradek.biz Network.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Bradek as a result of these Terms or Service or use of Bradek.biz.

Bradek's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Bradek's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Bradek.biz Network or information provided to or gathered by Bradek with respect to such use.

If any part of these Terms of Service or the Additional Terms 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 these Terms of Service and the Additional Terms shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Bradek with respect to the Bradek.biz Network and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bradek with respect to the Bradek.biz Network.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The example companies, organizations, products, people and events depicted within Bradek.biz are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.

Bradek is not obligated to monitor the content on Bradek.biz. Bradek reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with Bradek's Privacy Statement located at http://smallbusiness.bradek.com/policies.htm Bradek reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the Bradek.biz Web sites, in Bradek's sole discretion, without notice at any time.

Any rights not expressly granted herein are reserved by Bradek, including all legal and equitable remedies available to Bradek or violation of any of these Terms of Service.

SERVICE CONTACT
If You need to contact Bradek regarding the Bradek.biz Network, please visit our contact listings page at http://smallbusiness.bradek.com/contactus.htm, or send e-mail via our Contact Us form at mail@bradek.com