This page states the "Terms and Conditions" under which you may use Barkley Publishing's web site at http://www.barkleypublishing.com ("Web Site"). Please read these Terms and Conditions carefully, as they are legally binding. By using and viewing this Web Site, you are indicating your acceptance to be bound by these Terms and Conditions. Barkley Publishing may revise these Terms and Conditions at any time by updating this posting. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Web Site for any reason.

The contents of this Web Site, including but not limited to, text, graphics, images, logos, icons, and software, as well as the "look and feel" of the Web Site (collectively the "Material"), are protected under copyright, trademark and other laws. All Material is the property of Barkley Publishing or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Barkley Publishing and protected by copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. Unless otherwise expressly provided, you may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any purpose. You shall not copy or adapt the HTML code that Barkley Publishing creates to generate its pages. It is also protected by Barkley Publishing' copyright.

Users may not use the Web Site or Materials (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, intellectual property, privacy, publicity or other rights of others, or (c) in a manner that is defamatory, obscene, threatening, abusive or hateful. If you have a password or other identification allowing access to a non-public area of this Web Site, you agree not to disclose or share your password or identification with any third parties or use your password or identification for any unauthorized purpose.

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Barkley Publishing does not represent or guarantee the truthfulness, accuracy, safety, legality, or reliability of any third party content. Barkley Publishing acts as a passive conduit for the online distribution and publication of user-submitted information, does not screen communications or information in advance and is not responsible for screening or monitoring the material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, or violate the law or the rights of others, Barkley Publishing may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Barkley Publishing has no liability or responsibility to users for performance or non-performance of such activities. Barkley Publishing reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. Barkley Publishing may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may adversely affect or create liability for Barkley Publishing.

Barkley Publishing DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BARKLEY PUBLISHING, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. BARKLEY PUBLISHING MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL BARKLEY PUBLISHING, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BARKLEY PUBLISHING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WEB SITE CONTAINS LINKS TO THIRD PARTY WEB SITES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE AN ENDORSEMENT BY BARKLEY PUBLISHING OF THE CONTENTS ON SUCH THIRD PARTY WEB SITES. BARKLEY PUBLISHING IS NOT AFFILIATED WITH SUCH THIRD PARTIES, IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED THIRD-PARTY SITES, AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE CONTENT, LEGALITY, FUNCTIONALITY OR ACCURACY OF MATERIALS ON SUCH THIRD PARTY WEB SITES. IF YOU DECIDE TO ACCESS AND/OR USE LINKED THIRD PARTY WEB SITES, YOU DO SO AT YOUR OWN RISK.

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You agree to defend, indemnify, and hold harmless Barkley Publishing, its officers, directors, employees and agents, from and against any claims, actions, losses, damages or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Web Site and/or Material or your breach of the terms of these Terms and Conditions. Barkley Publishing shall provide notice to you promptly of any such claim, suit, or proceeding.

These Terms and Conditions are governed by the laws of the state of California and the USA, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within California. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in the Web Site, these Terms and Conditions constitute the entire agreement between you and Barkley Publishing with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.