TERMS OF USE

AGREEMENT BETWEEN USER AND BERNSTEN INTERNATIONAL, INC. (“COMPANY”) REGARDING THE INFRAMARKER WEBSITE (“INFRAMARKER SITE”)

The InfraMarker Site is comprised of various Web pages operated by the Company.

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

MODIFICATION OF THESE TERMS OF USE

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

LINKS TO THIRD PARTY SITES

The InfraMarker Site may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of the Company, and the Company 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. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The InfraMarker Site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the InfraMarker Web, you warrant to the Company that you will not use the InfraMarker Web for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the InfraMarker Web in any manner which could damage, disable, overburden, or impair the InfraMarker Site or interfere with any other party's use and enjoyment of the InfraMarker Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the InfraMarker Site.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE INFRAMARKER SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE INFRAMARKER SITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE INFRAMARKER 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. THE COMPANY 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 THE COMPANY 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 INFRAMARKER SITE, WITH THE DELAY OR INABILITY TO USE THE INFRAMARKER 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 INFRAMARKER SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE INFRAMARKER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY 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 INFRAMARKER SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE INFRAMARKER SITE.

SERVICE CONTACT: info@inframarker.com

TERMINATION/ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate your access to the InfraMarker Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Wisconsin, U.S.A. without regard to conflict of laws provisions and you hereby consent to the exclusive jurisdiction and venue of courts in Dane County, Wisconsin, U.S.A. in all disputes arising out of or relating to the use of the InfraMarker Site. Use of the InfraMarker Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or use of the InfraMarker Site. The Company’s adherence to the Terms of Use is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the InfraMarker Site or information provided to or gathered by the Company with respect to such use. If any part of these Terms of Use 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 Use shall continue in effect. These Terms of Use are subject to the terms and conditions of any agreements entered into between the Company and the customer regarding the use of the InfraMarker services, including, but not limited to, any licensing agreements and end-user agreements. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

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.