Welcome to Dry Creek Nutrition, Inc.’s Web Site (the "Site"). You (the user of this Site) are not permitted to view this Site without express parental consent and supervision unless you are 13 years of age or older. If you are not 13 or older, you are not permitted to visit this Site. If you are 13 or older we want your visit to be fun and informative, and subject to the terms set forth below.

By accessing or using this Site (except to read this Use Agreement initially), you indicate your acceptance of these terms. If you do not agree with these terms, do not use this Site.

1. DCNI grants you a non-transferable, non-exclusive license to access this Site, to view and download information contained at this Site, and to interact with the Site where the Site is designed to permit such interaction, solely for your own personal use, subject to your ongoing compliance with all terms of this Use Agreement. You are solely responsible for providing and maintaining all equipment, software, networks, telecommunications connections, and services needed to access and use the Site in accordance with this Use Agreement. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by this Use Agreement. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site. You do not receive any, and DCNI retains all, ownership rights in the Site.

Parts of the Site may require third party software ("TPS") for your use with the Site. You are solely responsible for downloading, properly using and supporting TPS. DCNI provides no warranty for TPS, per Section 3 of this Agreement. However, TPS manufacturers, suppliers, or publishers may provide their own warranties directly to you, so you should check with them.

2. Access to the Site may be limited or unavailable during periods of peak demand, systems upgrades, maintenance, or for other reasons. DCNI will not be liable to you if you are unable to access information through the Site for any reason.

4. The Site is provided to you on an "AS IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss in using the Site. The Site may contain inaccuracies, omissions, errors or other defects. DCNI does not warrant that the Site will meet your needs or expectations, that the Site will be error free or uninterrupted, that errors can or will be corrected, that the Site is reliable or timely, or that any information on the Site will provide any particular results or usefulness. DCNI reserves the right to make changes and improvements to, impose fees for the use of, or discontinue, the Site or any part of it at any time. Further, DCNI does not represent that the Site is appropriate or authorized for use in all countries, states, counties or other jurisdictions; accordingly, you are responsible for compliance with all applicable laws in accessing the Site.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DCNI MAKES AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR IMPLIED. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL DCNI BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER DCNI HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THIS USE AGREEMENT IS FOR ANY REASON WHATSOEVER HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT DCNI'S LIABILITY SHALL NOT EXCEED TEN U.S. DOLLARS ($10).

In addition, DCNI has no obligation or liability resulting from any cause beyond its reasonable control, including but not limited to: failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of Internet access; problems with Internet service providers or other equipment or services relating to your computer; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes or labor disputes. DCNI is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site.

4. This Site, all portions thereof, and all data, software and other information contained on the Site are Copyright © 2001 Dry Creek Nutrition, Inc. All rights reserved. The information on the Site is the property of DCNI and is protected by copyright and other applicable intellectual property law. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit that information in any manner unless the use is expressly permitted by other agreement(s) with DCNI or DCNI otherwise gives you express written consent. You agree not to alter or remove any copyright notice or proprietary legend at the Site. You also agree not to use the information on the Site for any unlawful purpose. You agree to comply with requests by DCNI to protect DCNI's rights in the information and the Site. Trademarks of DCNI used on the Site are the property of DCNI. Other products or names may be the trademarks of their respective owners.

5. You will be responsible for all access and use of this Site from your computer.

You may use applications commonly known as Web Browser software that are compatible with the Site and other applications expressly approved by DCNI in order to access or log on to the Site or to automate the process of obtaining, downloading, transferring or transmitting any content or information to or from the Site. You agree not to use any other software, program, application or device for any of these purposes.

You agree to the following additional terms with respect to your use of or conduct on the Site, including without limitation interacting with the Site or sending electronic communications, such as e-mail, through or via the Site:

6. You agree to reimburse DCNI for, and hold harmless and indemnify DCNI against, any costs, losses or liabilities that arise, directly or indirectly, from the unauthorized use of DCNI's systems, servers, software, devices, telephones, on-line services or to other property of DCNI by you or your agents or employees. You further agree to defend, indemnify and hold DCNI harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of this Use Agreement. This obligation survives the termination of this Use Agreement.

DCNI reserves the right to terminate or restrict your access to the Site or any portion of it in DCNI’s sole discretion, without notice and without limitation, for any reason whatsoever, including but not limited to any breach of this Use Agreement, or any action by you that interferes with or diminishes the use or enjoyment of the Site by others. In the event of a termination of this Use Agreement by DCNI, DCNI has no liability to you.

7. NOTICE TO GOVERNMENTAL USERS: COMMERCIAL COMPUTER SOFTWARE. All software and data on the Site is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995) consisting of "commercial computer software" and "commercial computer documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Governmental users acquire the information with only those license rights set forth herein. The Site and all portions are Copyright © 2001 Dry Creek Nutrition, Inc., Modesto, California. UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES.

8. You acknowledge that, in providing you with access to the Site, DCNI has relied upon your agreement to be bound by the terms of this Agreement. You further acknowledge that you have read, understood, and agreed to be bound by the terms of this Use Agreement

9. MISCELLANEOUS.

a. You may not assign or delegate any part of this Use Agreement without DCNI's prior written consent.

b. The terms of the California Uniform Commercial Code apply to this Use Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

c. This Use Agreement must be construed, and its performance enforced, under the internal laws of California without reference to choice of law principles. Any dispute relating to this Use Agreement or the Site may be litigated only in a court having jurisdiction and venue at the home office of DCNI in Modesto, California.

c. Either party may terminate this Use Agreement at any time without cause. Upon any termination, your obligations under this Use Agreement continue, except that you agree to no longer access or use the Site.

d. You understand that DCNI may comply with law enforcement requests or subpoenas regarding your use of the Site.

e. No waiver by either party of any breach or default under this Use Agreement may be deemed to be a waiver of any prior or subsequent breach or default.

f. If any provision of this Use Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement remain in effect and the invalid or unenforceable provision is deemed replaced by a valid, enforceable provision that effectuates the intent of the original provision.

g. You agree to pay, and to indemnify and hold DCNI harmless from, any sales, use, business, occupation, value added, excise or similar tax not based upon DCNI’s net income, as well as the collection or withholding thereof, including penalties and interest owed to any state, federal, foreign, or other governmental entity arising from or related to your use of the Site. Your obligation hereunder will survive the termination or expiration of this Use Agreement.

h. DCNI's suppliers, affiliates, subsidiaries, licensees, employees and agents are third party beneficiaries of DCNI's rights under this Use Agreement.

i. DCNI reserves all rights not granted expressly by DCNI to you in this Use Agreement.

j. DCNI is not required to provide any feature or function prohibited by law.

k. DCNI may modify the terms of this Use Agreement at any time by posting a new or modified Use Agreement at the Site. If you do not agree with the modified terms, you may discontinue use of the Site. If you use the Site after such new of modified Agreement has been posted, or after you have obtained constructive or actual notice thereof in any manner, you are conclusively deemed to agree with the new or modified Agreement.