Welcome to the EXSYS web site ("site"). Please review the following terms and conditions concerning your use of this site. By accessing, using or downloading materials from this site you agree to follow and be bound by these terms and conditions ("Terms of Use") and EXSYS, Inc.'s Privacy Policy. EXSYS reserves the right to change the Terms of Use and the Privacy Policy at any time and in its sole discretion. In case of any violation of the Terms of Use or the Privacy Policy, EXSYS reserves the right to seek all remedies available to it by law and in equity.

Certain areas of the site may have additional or different terms of use posted. In the event of a conflict between these Terms of Use and any terms of use posted for a specific area of the site, the latter shall have precedence with respect to your use of that area of the site. Documents published by EXSYS, Inc. on the World Wide Web may not be copied other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. EXSYS, Inc. will use reasonable efforts to include accurate and up-to-date information on www.exsys.com, but EXSYS, Inc. makes no warranties or representations as to its accuracy. All users agree that all access and use of www.exsys.com and the content thereof is at their own risk. Neither EXSYS, Inc. nor any party involved in creating, producing or delivering www.exsys.com shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use www.exsys.com, or any errors or omissions in the content thereof.

Use of Site Information

The information, documents, graphics and other material made available through this Site are intended for use solely in connection with EXSYS, Inc.'s commercial activities. These materials are proprietary EXSYS, Inc., and may be protected by copyright, trademark and other applicable laws. You may download, view, copy and print documents and graphics incorporated in the documents from this Site ("Documents") subject to the following: (a) the Documents may be used solely for informational purposes related to the EXSYS products and services described in the site; and (b) the Documents may not be modified or altered in any way. Except as expressly provided herein, these materials may not be used for any other commercial purpose, and specifically you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part without the prior written permission of EXSYS, Inc.

Trademarks

All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of EXSYS, Inc., its affiliates, related companies or its licensors or partners. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Further, please be advised that EXSYS, Inc. actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Compliance with Applicable Laws

You may not access, download, use or export the information, software, products or services contained on this Site in violation of any applicable laws or regulations. All information available on the Site is subject to U.S. export control laws and regulations and may also be subject to the laws of the country where you reside. All EXSYS products and publications are commercial in nature. Use, duplication or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.

Feedback

Except where expressly provided otherwise by EXSYS, Inc., all comments, requests, feedback, information or materials submitted to EXSYS, Inc. through, or in association with, this site shall be considered non-confidential and shall become property of EXSYS, Inc. By submitting such comments, feedback, information or materials to EXSYS, Inc., you agree to a no-charge assignment to EXSYS, Inc. of all worldwide rights, title and interest in copyrights and other intellectual property rights (including so-called moral rights) to the comments, feedback, information or materials on an unrestricted

Secure and Password Protected Areas

Access to and use of password protected and/or secure areas of the site is restricted to authorized users only. You are responsible for maintaining the confidentiality of any password(s) you are given to access such areas of the site, and are fully responsible for all activities that occur under you password(s). You agree to notify EXSYS, Inc. immediately of any unauthorized use of your password(s). Unauthorized persons attempting to access these areas of the site may be subject to prosecution.

Warranties and Disclaimers

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE MAY BE OUT OF DATE OR INCLUDE INACCURACIES, OMISSIONS OR OTHER ERRORS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND EXSYS, INC., ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXSYS, Inc. HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EXSYS, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS SITE OR ANY OTHER HYPER-LINKED WEB SITE.

Indemnification

In exchange for accepting the benefits you receive by accessing this Site, you agree to defend, indemnify and hold harmless EXSYS, Inc., its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the site.

Governing Law and Jurisdiction

This site is controlled by EXSYS, Inc. from its headquarters in Albuquerque, New Mexico, United States of America. U.S. federal law or the laws of the State of New Mexico shall govern all matters relating to your access to or use of this site. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted exclusively in a state or federal court in Bernalillo, New Mexico. You and EXSYS, Inc. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Contact Information

If you have any questions regarding these Terms of Use or other aspects of the site, please info@exsys.com