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VictoriaAdvocate.com Terms of Service ----------------------------- PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to this User Agreement. If you do not agree to the following terms, please do not use this site. Right to Modify Agreement By using the Victoria Advocate Web site (the "Web Site"), you hereby agree to be bound by all of the terms and conditions contained in this User Agreement ("Agreement"). The Victoria Advocate Publishing Company (the "Company") reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement at any time and will notify users of any such changes by on-line postings. Your continued use of the Web Site after the posting of any notice of change in terms shall constitute a binding acceptance on your part of the new rules, changes, or modifications. 1. COPYRIGHT AND LIMITATIONS ON USE Copyright and Restrictions All information displayed, transmitted or carried on this Web Site, including, but not limited to, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like (collectively the "Content") is protected by copyright and other intellectual property laws. The Content is owned by the Company, its affiliates, the party credited as the provider of the content, software, or other materials, or third party licensors. You may not modify, publish, transmit, transfer, participate in the transfer or sale of, sell, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in such Content. You agree: (a) to abide by all copyright notices and restrictions attached to any Content accessed through the Web Site, (b) not to alter the Content in any way, and (c) not to alter or remove any trademark, copyright or any other notice from copies of the Content. Permitted Use You may make a single copy of the Content displayed on the Web Site for personal, noncommercial use only, provided that you do not remove any trademarks, copyright and any other notice contained in such Content. You shall not archive or retain any Content in any form without the written permission from the Company. You may not distribute (including via e-mail or the Internet or through a network, including a local area network), or otherwise make available, copies to others, whether or not for payment or other consideration, without the written permission from the Company. In addition, you may not use the information contained on the web site to construct any kind of database. You may create weblinks to the Web Site, including articles contained therein. You may submit requests for permission to retain, distribute or reproduce to the Company. Modification of the Web Site The Company may modify, suspend, discontinue or restrict any aspect of the Web Site at any time, including altering the availability of any web site feature, database, or content. The Company may also impose limits on certain features and services or restrict your access to parts of the web site without notice or liability. Other Web Site Links The Web Site contains links to other related World Wide Web Internet sites, resources, and sponsors of the Web Site. Since the Company is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external link to its site administrator. Associated Press Material Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP Materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. The AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. Associated Press All Associated Press content is © 1997 and 1998, Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Downloaded Software If you download software from the Web Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. 2. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY CONTENTS THE WEB SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR OWN RISK. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. YOUR PROMISES YOU REPRESENT, WARRANT, AND COVENANT THAT NO MATERIALS OF ANY KIND, NOR ANY USE OF SUCH MATERIALS, FROM THE WEB SITE WILL (1) VIOLATE, PLAGIARIZE, OR INFRINGE UPON THE RIGHTS OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHTS; OR (2) CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL MATERIAL. YOU HEREBY INDEMNIFY, DEFEND AND HOLD THE COMPANY, ITS SUBSIDIARY, SISTER, PARENT OR OTHER RELATED COMPANIES, AND ALL OFFICERS, DIRECTORS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES OF ANY OF THEM (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY ANY ONE OR MORE OF THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR THE FOREGOING REPRESENTATIONS, WARRANTIES AND COVENANTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND OTHER COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. WARRANTY DISCLAIMERS THE COMPANY MAKES NO WARRANTY REGARDING THE WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEB SITE. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE WEB SITE; AND (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR AGAINST INFRINGEMENT. IN NO EVENT WILL THE COMPANY, ITS SUBSIDIARY, SISTER, PARENT OR OTHER RELATED COMPANIES, AND ALL OFFICERS, DIRECTORS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, CONTRACTORS, LICENSORS AND LICENSEES OF ANY OF THEM BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE WEB SITE, ITS PUBLIC POSTING BULLETIN BOARDS, ITS CONTENT OR ANY ERRORS OR OMISSIONS IN ITS CONTENT, EVEN IF ANY SUCH PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATIONS ON LIABILITY ANY LIABILITY OF THE COMPANY OR ANY OF THE PERSONS OR ENTITIES IDENTIFIED ABOVE AS INDEMNIFIED PARTIES, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO THE COMPANY BY OR ON BEHALF OF YOU, EVEN IF NO AMOUNT IS ACTUALLY PAID, IN CONNECTION WITH THE WEB SITE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UPDATED ON ANY PARTICULAR SCHEDULE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION THAT MAY BE MADE NECESSARY BY YOUR USE OF THE WEB SITE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE ON THE PART OF ANY SUCH INDEMNIFIED PARTIES, SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THE COMPANY, OR ITS AUTHORIZED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 3. MISCELLANEOUS This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. Any cause of action with respect to this Agreement and your rights and obligations must be filed in the County of Victoria, State of Texas within one year after the cause of action, otherwise the cause shall be barred. VICTORIA ADVOCATE PRIVACY POLICY For each visitor to the Web site, the Victoria Advocate servers automatically collect information about which pages are visited and the domain name (for example, www.victoriaadvocate.com) of visitors. This information is used for internal review, to tailor information to individual visitors and for Web site traffic audits. We also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers. The Victoria Advocate may place a "cookie" on the browser of your computer. The cookie itself does not contain any personally identifying information. A cookie may be used to tell when your computer has contacted the Web site. The Victoria Advocate uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so the Victoria Advocate can customize delivery of information to you without compromising privacy. For example, cookies may be used to ensure that you will not see the same banner advertisement too often in a single session. Through your use of the Web site, the Victoria Advocate may collect information about you that identifies you or your household. Normally, you would provide such information when specifically asked for it by the Victoria Advocate. Any information in the Victoria Advocate's possession solely as a result of your use of the Web site and that is associated with you or your household is considered "Personal Information." It consists of both information supplied by you (e.g. name, address, telephone number and e-mail address) and information collected about how you use the Web site (e.g. the fact that you have bought merchandise through the Web site). It does not include aggregate information (e.g. the total number of household users older than 18 years, the zip code in which a user lives) or information that you have made public on the Web site or that is otherwise publicly available. The Victoria Advocate uses personal information only for purposes necessary to provide the Web site and other products and services to you. These purposes are as follow: # to process requests or orders placed with advertisers or merchants # to perform such normal business operations as billing, collecting and accounting # to personalize and publicize the Web site based on your interests, including making you aware of editorial features, advertisements and commercial items # to investigate complaints and to protect the Web site and the Victoria Advocate, its readers and employees as provided by law or in case of emergency, as determined by legal counsel for the Victoria Advocate except as necessary to process your requests or orders placed with advertisers or merchants featured on the Web site The Victoria Advocate does not rent, sell, barter or give away any lists containing personal information for use by any outside company. The Victoria Advocate also respects the privacy of data on your personal computer and does not access, read, upload or store data contained in or derived from your private files without your authorization. LINKS The Victoria Advocate site contains links to other sites. The Victoria Advocate is not responsible for the privacy practices or the content of such Web sites, including any sites that may indicate a special relationship or partnership with the Victoria Advocate (such as co-branded pages or "powered by" or "in cooperation with" relationships). The Victoria Advocate does not disclose personally identifiable information or unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you that is not subject to the Victoria Advocate's control. To ensure protection of your privacy, always review the privacy policy of the sites you may visit by linking from the Victoria Advocate site. OPT OUT PROCEDURES You always may opt out of receiving future mailings or other information from the Victoria Advocate. If the mailing does not have an e-mail cancellation form, send e-mail to tdelaney@vicad.com detailing the type of information that you no longer desire to receive. CHILDREN'S PRIVACY The following additional terms, conditions and notices apply to use of the Web site by children under the age of 13 years whenever the Victoria Advocate becomes aware that a user is in that age range: # Users under 13 years old may not submit or post information on the Web site without the consent of the user's parent or legal guardian. Prior to collecting any personal information about a child under 13, the Victoria Advocate makes reasonable efforts to obtain consent from the child's parent after informing the parent about the types of information the Victoria Advocate will collect, how it will be used, and under what circumstances it will be disclosed. # Although the Victoria Advocate will apply these children's terms and conditions whenever it becomes aware that a user who submits personal information is less than 13 years old, no method is foolproof. The Victoria Advocate strongly encourages parents and guardians to supervise their children's online activities and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission. # "Personal Information" collected from children may include any of the information defined above as "Personal Information" with respect to general users of the Web site and may be used by the Victoria Advocate for the same purposes. Except as necessary to process a child's requests or orders placed with advertisers or merchants featured on the Web site, the Victoria Advocate does not rent, sell, barter or give away any lists containing a child's Personal Information for use by any outside company. # If a child enters a game, contest or other activity sponsored by the Victoria Advocate on the Web site, the child may be required by the Victoria Advocate to provide the minimum Personal Information reasonably necessary for the child to participate in such activity. # A child's parent or legal guardian may request the Victoria Advocate to provide a description of the Personal Information that the Victoria Advocate has collected from the child, as well as instruct the Victoria Advocate to cease further use, maintenance and collection of Personal Information from the child. # If a child voluntarily discloses his or her name, e-mail address or other personally-identifying information on chat areas, bulletin boards or other forums or public posting areas, such disclosures may result in unsolicited messages from other parties. GENERAL These terms and conditions constitute the entire agreement and understanding between you and the Victoria Advocate with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. The Victoria Advocate reserves the right to make changes to these terms and conditions immediately by posting the changed terms and conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by the Victoria Advocate. A printed version of these terms and conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Web site is controlled and operated by the Victoria Advocate from its principal office in Victoria, Texas, USA. The Victoria Advocate makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject the Victoria Advocate to the laws or jurisdiction of any state, country or territory other than the State of Texas and the United States of America. CONTACTING US If you have any questions about this privacy policy, the practices of the Victoria Advocate, or your dealings with the Victoria Advocate, you may contact us at: Victoria Advocate Attn: Tim Delaney 311 E. Constitution St. Victoria, Texas 77902 Phone: 361-580-6313 Fax: 361-574-1225 e-mail: feedback@vicad.com

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