Fort Holland Distributors, LLC
TERMS OF USE AGREEMENT
Read This Entire Agreement Carefully
In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties, intending to be legally bound, agree as follows:
I know I will not change or modify the design, content, images or information relating to products or services provided by Fort Holland Distributors, LLC, Alpine Cape Photography and Alpine Cape which appear on this web site.

SPECIFICALLY PROHIBITED ACTIVITIES
I understand and agree that I cannot use any name, trademark, service mark, domain name or other intellectual property identical to, or confusingly similar to, the trade name or service mark or other intellectual property of Fort Holland Distributors, LLC, Alpine Cape Photography or Alpine Cape.

SITE OWNERSHIP
I acknowledge and agree that Fort Holland Distributors, LLC is and shall remain the owner of this Site(s), and any and all component parts thereof, including but not limited to any intellectual property rights to the content created and published thereon. I agree not to copy, reverse engineer, disassemble, decompile, modify, or translate all or any part of the Fort Holland Distributors, LLC, Alpine Cape Photography and Alpine Cape Web Site's.
I acknowledge and agree that Fort Holland Distributors, LLC and the Photographer hold the copyrights to the name, trademark, sercive mark, domain name and other intellectual property, (Information, photos, text, graphics, images and other materials) Contained on or in these websites owned by Fort Holland Distributors, LLC.

DISCLAIMER
No warranties or commitments are hereby made that access or use by Me or others will be uninterrupted, error free or secure. No representations or warranties are made as to the results to be obtained from My access to or use of the Services. I acknowledge that Fort Holland Distributors, LLC shall have no responsibility for (a) any Products or Services provided under this Agreement, (b) the ability (or inability) of others to apply for any Products or Services under this Agreement. I agree that any dispute regarding any Products or Services shall be directed to the provider or supplier of the Products or Services, and not to Fort Holland Distributors, LLC I understand that this Agreement contains additional disclaimers that limit My rights. I warrant that I have read and understand them, prior to entering into this Agreement.
I represent that I am at least 21 years old and am authorized to enter into this Agreement.

Disclosures, Acknowledgments, Representations and Warranties:
1.1 The term 'Web" means the World Wide Web or any replacement or similar network or resource which permits the sharing of electronic files, graphics or information, regardless of the technology used or how it is accessed by users. The term Website" means a site on the Web and, where the context requires, a person owning or operating a site on the Web.

2.1 The following terms have the meanings indicated:
a. Content includes: Information, photos, text, graphics, images and other materials. b. Link includes: Any software, software code, programming or other technology or method (or any combination of the foregoing) that (i) creates a hyperlink between two Websites, or (ii) otherwise causes a Web access device to display to its user a "banner", 'button", text mention, word, phrase, logo or other textual or graphical material that, when "clicked on" or otherwise activated by a person, results in a Website featured in the link being served to such person (i.e., the screen of the visitor's Web access device displays Content on the linked Website) or results in such person being able to electronically access or receive information, files, graphics or other items from the linked Website. c. Promotion includes: A banner, text-mentioned, advertisement or other material by which a Network Merchant offers its products or services to Web users or otherwise seeks to attract Web users to its Website. d. Qualifying Link includes: With respect to any Network and any Program that when activated by a viewer results in the viewer being redirected to or served, through or on the Network Site, a Webpage or duplicate of a Webpage of a Program Site.
2.2 Unless defined in this Agreement or unless the context otherwise requires, terms used in this Agreement that have commonly accepted meanings within the Web-based e-commerce industry are intended to have such meanings.
2.3 You agree not to resell, assign, sublicense or otherwise proved to any third person any information, photos, text, graphics, images and other materials, or transfer or delegate any of Your obligations under this Agreement without the prior written consent of Fort Holland Distributors, LLC.

2.4 You agree that You shall not
a. Distribute or display, or authorize or use any third party to distribute or display, any information, photos, text, graphics, images and other materials. created or obtained by means of any browser extension or other software or technology which is downloaded to or installed on the Web user's personal computer or other Web access device and which serves advertisements, promotional material or links as an overlay upon, a substitute for content in, as a "pop-up" keyed by content or key words on a Webpage requested or viewed by such Web user; b. Inflate the number of clicks or other specified compensable actions or any impressions of any Network Merchant's Webpage, Promotion or other Content by any method or using any device, program, hidden frames, java pop ups, Web bot, robot, automatic redirecting of users, autospawning of browsers or any other technique or means of generating automated click-throughs, requiring visitors to click on a Network Merchant's Link before entering any area of this Site(s), by placing or including Promotions or links on pages of Your Site that automatically reload or go to another page without interaction from the user (for example, client pull or server push technology, METATAG reload, or refresh command on page html) or on any page that is not generally accessible to all Web users (for example, pop-up windows and hidden frames); c. Resell, assign, sublicense or otherwise provide any third person any information, photos, text, graphics, images and other materials, or otherwise transfer or delegate any of Your obligations under this agreement. d. Display, distribute or otherwise make available to Web users or others any information, photos, text, graphics, images and other materials, any Link to Fort Holland Distributors, Alpine Cape Photography or Alpine Cape Site(s) anywhere by any means or method that violates any law, rule or regulation or any intellectual or other rights e. Use any name, trademark, service mark, domain name or other intellectual property or any search term confusing similar thereto, in connection with this site, or any Qualifying Link in any way or for any purpose that infringes or violates any law or any intellectual property or other rights of such third party, whether in order to increase the levels of compensable activities attributable to Your Links or for any other purpose.

3.1 By reading this agreement you further agree:
a. not to promote Fort Holland Distributors, LLC, Alpine Cape Photography or Alpine Cape merchant products/services in any manner including but not limited to the following manners: newsgroups, message boards, unsolicited email, banner/pop-up networks, counters, chat rooms, guest books, automated forms, or any use of spyware; b. not to promote any merchant products or services on any website that contains offensive content, including but not limited to: pornography, adult oriented material, gambling, illegal material, cracking, hacking, warez, violent material, discriminatory material or material endorsing discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability, libelous material, defamatory material, threatening, harassing, or obscene material, or any content that advocates or assists any illegal activity; c. not to engage in any offline promotions of merchant offer(s) without written permission from Fort Holland Distributors, LLC; d. not to run any incentive based promotion(s) to compensate visitors for purchasing of products from Fort Holland Distributors, LLC, Alpine Cape Photography or Alpine Cape without the written consent of Fort Holland Distributors, LLC; e. not to use or register any domain name that contains a Fort Holland Distributors, LLC merchant trade name or service mark, or is confusingly similar to the trade name or service mark of any other party. For example, Bank-of-America-offers.com would not be acceptable. f. not to change content as provided by Fort Holland Distributors, LLC, Alpine Cape Photography, or Alpine Cape unless receiving approval from Fort Holland Distributors, LLC; g. not to download, transfer or otherwise export or re-export any information, photos, text, graphics, images and other materials, Confidential Information (a) into (or to a national or resident of) any country to which the United States has embargoed the sale of goods or technology; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
3.2 Fort Holland Distributors, LLC makes no representation whatsoever about any other Website which You may access through any website(s) or page(s) owned by Fort Holland Distributors, LLC. You understand that when You access a non-Fort Holland Distributors, LLC Website(s), it is independent from Fort Holland Distributors, LLC and Fort Holland Distributors, LLC acts as a passive conduit for the unfiltered online distribution and publication of Content by the members of a Network and does not attempt to control the Content that You or visitors to non-Fort Holland Distributors, LLC Site(s) shall receive or view. By its very nature, other people's Content may be offensive, harmful or inaccurate, and in some cases, may be mislabeled or deceptive. Fort Holland Distributors, LLC, disclaims control over or responsibility or liability for the Content on any other person's or companies Website(s).

RISK MANAGEMENT
4.1 "As Is" Clause. Websites and pages from Fort Holland Distributors, LLC are provided "as is" and "as available."
4.2 Disclaimer Of Warranties. To the fullest extent permitted by applicable law, Fort Holland Distributors, LLC disclaims all warranties, express or implied, including warranties of any services shall be uninterrupted or error-free or will not contain or introduce viruses or other harmful elements or components, as to the accuracy, reliability or security of data, of non-infringement. Any links used or content or other item downloaded or otherwise obtained through viewing at your own discretion and risk and Fort Holland Distributors, LLC shall have no liability or any damage to computer systems or loss of data that may result.
4.3 Release Of Claims. To the fullest extent permitted by applicable law, You hereby release Fort Holland Distributors, LLC and its corporate affiliates, officers, directors, agents, subcontractors, and employees (the "Released Persons") from any and all claims, demands, causes of action, debts, obligations, damages, costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, now existing or hereafter made by you that relate to this agreement. You hereby waive the application of all existing and future laws that may limit the efficacy of such release. Neither We, nor any of Our affiliates, licensors, or business partners, nor any of Our or their respective personnel shall in any event have, in the aggregate, any liability whatsoever in connection with this Agreement.
4.4 Release. To the fullest extent permitted by applicable law, you agree that in no event shall Fort Holland Distributors, LLC or any other released party be liable for any indirect, incidental, consequential, reliance, special, exemplary or punitive damages or for any other damages (however denominated) for or based on or measured by harm to business, lost revenues, lost savings, loss of or on any investment, lost profits, loss of opportunity, loss of use, loss of data, loss of goodwill, costs of replacement goods or services or otherwise. This section shall survive the unenforceability or other failure of any provision of this Agreement that purports to exclude or limit remedies or liability.

5.1 Indemnification. You agree to indemnify and hold harmless Fort Holland Distributors, LLC and the other Released Persons for and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys' fees) that directly or indirectly arise out of or are based on
a. any violation by You of any law, regulation or rule, b. any violation or alleged violation by You of any rights of another, including Your use of any Content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used by You.

FORCE MAJEURE
6.1 Force Majeure. Fort Holland Distributors, LLC shall not be liable to You by reason of any failure or delay in the performance of its obligations hereunder on account of, including but not limited to, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet access, or any other cause which is beyond the reasonable control of Fort Holland Distributors, LLC

ASSIGNABILITY AND SEVERABILITY
7.1 Severability. If any provisions of this Agreement, or its application to any person or circumstances, is held by a court with jurisdiction to be invalid or unenforceable, the remaining provisions hereof, or the application of such provision to persons or circumstances other than those as to which it has been held invalid or unenforceable, shall remain in full force and effect. If any provision of this Agreement shall be judicially unenforceable in any jurisdiction, such provision shall not be affected with respect to any other jurisdiction.

GOVERNING LAW
8.1 Governing Law. This Agreement shall be governed by the law of the state of Nebraska. 8.2 Consent to Jurisdiction. Each party consents to the jurisdiction of the Circuit Court of Nebraska and agrees to commence any litigation hereunder in such court. 8.3 If any provision of this Agreement is or shall become inconsistent with or unenforceable under any provision of applicable law that may be waived or the applicability of which may otherwise be varied or excluded, then You and Fort Holland Distributors, LLC hereby waive or exclude the applicability of such provision of law.

MEDIA RELATIONS
9.1 Public statements. Any press release or other public announcement by You regarding this Agreement, any part of Fort Holland Distributors, LLC that mentions Fort Holland Distributors, LLC shall require the prior approval of Fort Holland Distributors, LLC You agree that You shall not disparage Fort Holland Distributors, LLC or any part of Fort Holland Distributors, LLC.

DISCRETION
10.1 Exercise of Discretion. Where this Agreement states that any consent, approval, agreement or other discretionary action on the part of Fort Holland Distributors, LLC is in its discretion, then such consent, approval, agreement or other action can be withheld for any reason or no reason or conditioned in any manner desired by such party, in each case in such party's sole and absolute discretion.

CITIZENS OR RESIDENTS OUTSIDE OF THE UNITED STATES
11.1 Information Fort Holland Distributors, LLC publishes on the Web may contain references or cross references to products, programs and services that are not announced or available in countries outside of the United States. Such references do no imply that Fort Holland Distributors, LLC intends to announce or make available such products, programs or services in such other countries.Fort Holland Distributors, LLC makes no representations or warranties that any content on Fort Holland Distributors, LLC's Website(s), or products/services offered or referenced thereon are appropriate or available for use in other countries. Access to or use of such products, services or contents from or in territories where their Contents are illegal or where access or use would subject Fort Holland Distributors, LLC to taxes, laws or regulations that otherwise would not apply or to the jurisdiction of any court or other governmental authority to which it would not otherwise be subject is prohibited. You and You alone are responsible for compliance with all laws and regulations that apply to Your use of any products or services outside the United States.