LEGAL INFORMATION AND NOTICES

OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to The Cafe 1040 web sites located at www.cafe1040.com and www.cafe1040.org, and all associated sites linked to www.cafe1040.com by Cafe 1040, Inc its subsidiaries and affiliates, including Cafe 1040 sites around the world (collectively, the “Sites”). The Site is the property of Cafe 1040, Inc. and its licensors.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Cafe 1040 reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Sites following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Cafe 1040, Inc. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Sites.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Sites is owned, controlled or licensed by or to Cafe 1040, Inc., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Cafe 1040, Inc?s express prior written consent or by express extension of license granted by written agreement or purchase.

You may use information on Cafe 1040, Inc. products and services (such as data sheets, FAQs, and similar materials) purposely made available by Cafe 1040, Inc for downloading from the Sites, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

YOUR USE OF THE SITES

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. Cafe 1040, Inc reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Sites or to any Cafe 1040, Inc server(s), or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of Cafe 1040, Inc, including any Cafe 1040, Inc account not owned by you, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Cafe 1040, Inc?s systems or networks, or any systems or networks connected to the Sites or to Cafe 1040, Inc.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person?s use of the Sites.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cafe 1040, Inc on or through the Sites or any service offered on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cafe 1040, Inc or others.

PURCHASES; OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Sites, including discounts, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Sites or for any service offered on or through the Sites, the latter terms shall control with respect to your use of that portion of the Sites or the specific service.

Cafe 1040, Inc?s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Sites should be construed to alter such agreements.

Cafe 1040, Inc may make changes to any products or services offered on the Sites, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Sites with respect to products and services may be out of date, and Cafe 1040, Inc makes no commitment to update the materials on the Sites with respect to such products and services.

The following terms also govern and apply to your use of the Sites, and they are incorporated herein by this reference:

THE CAFE 1040, INC TRADEMARK LIST

The following is a list of Cafe 1040, Inc’s trademarks and/or service marks.

When using the marks in publications that will be distributed only in the United States, include the appropriate TM, SM, or ® symbol on first use. For publications that will be distributed outside the United States, do not include trademark symbols. Instead use the appropriate trademark attribution notice, for example: ********* are trademarks of Cafe 1040, Inc, registered in the U.S. and other countries.

The list also includes one or more suggested generic terms for each trademark. For all publications, include an appropriate generic term after the trademark the first time it appears. Thereafter, the generic term should appear frequently with the trademark. (Note: These generic terms are only suggestions, and there may be other words that are equally appropriate.)

Remember that trademarks are adjectives, and cannot be made plural or possessive.

The absence of a product or service name or logo from this list does not constitute a waiver of Cafe 1040, Inc?s trademark or other intellectual property rights concerning that name or logo.

Cafe 1040, Cafe 1040, Inc. www.cafe1040.com, www.cafe1040.org

COPYRIGHT INFORMATION

A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws.

Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Cafe 1040, Inc respects the intellectual property rights of others, and we ask our users to do the same. Cafe 1040, Inc may, in its sole discretion, terminate the accounts of users who violate others? intellectual property rights.

If you believe that your work has been copied in a way that constitutes infringement on Cafe 1040, Inc?s web site, please provide the following information to Cafe 1040, Inc:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner?s behalf.

RIGHTS AND PERMISSIONS

If you have any questions concerning the usage or licensing of Cafe 1040, Inc copyrighted materials, for example, photographs, video footage, Cafe 1040, Inc advertisements or other Cafe 1040, Inc materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the Cafe 1040, Inc material.

Marketing or advertising requests (which may include promotions/giveaways, sponsorship, product placement and partnership requests) may be emailed to information@cafe1040.com.

For use of Cafe 1040, Inc copyrighted or trademarked material in third party works (e.g., books, publications or media/broadcast) please email your detailed request to information@cafe1040.com and include the following:

Specific image(s) or material for which you are seeking permission

Surrounding copy or text to the Cafe 1040, Inc material you wish to use in your project

Publisher, if applicable

Publishing date (and countries), if applicable

Title, if applicable

HOW CAFE 1040, INC AND ITS PRODUCTS FIT INTO YOUR PROJECT

Your deadline

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Sites may require you to open an account (including setting up a Cafe 1040 User ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Cafe 1040, Inc immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Cafe 1040, Inc or any other user of or visitor to the Sites due to someone else using your Cafe 1040, Inc User ID, password or account.

You may not use anyone else?s Cafe 1040, Inc User ID, password or account at any time without the express permission and consent of the holder of that Cafe 1040, Inc User ID, password or account. Cafe 1040, Inc cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

PRIVACY

Cafe 1040, Inc?s Privacy Policy applies to use of the Sites, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Sites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

LINKS TO OTHER SITES AND TO THE CAFE 1040 SITE

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Cafe 1040, Inc?s control, and Cafe 1040, Inc is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

DISCLAIMERS

Cafe 1040, Inc DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Cafe 1040, Inc CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Cafe 1040, Inc DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cafe 1040, Inc DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Cafe 1040, Inc SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Cafe 1040, Inc FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Cafe 1040, Inc reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Sites, or any portion of the Sites, for any reason; (2) to modify or change the Sites, or any portion of the Sites, and any applicable policies or terms; and (3) to interrupt the operation of the Sites, or any portion of the Sites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will Cafe 1040, Inc be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Cafe 1040, Inc has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Cafe 1040, Inc is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Sites or any Content, Cafe 1040, Inc?s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Sites paid in the six months prior to the date of the initial claim made against Cafe 1040, Inc (but not including the purchase price for any Cafe 1040, Inc products or any similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

INDEMNITY

You agree to indemnify and hold Cafe 1040, Inc, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys? fees), made against Cafe 1040, Inc by any third party due to or arising out of or in connection with your use of the Sites.

VIOLATION OF THESE TERMS OF USE

Cafe 1040, Inc may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Cafe 1040, Inc?s rights or property, or the rights or property of visitors to or users of the Sites, including Cafe 1040, Inc?s customers. Cafe 1040, Inc reserves the right at all times to disclose any information that Cafe 1040, Inc deems necessary to comply with any applicable law, regulation, legal process or legal governmental request. Cafe 1040, Inc also may disclose your information when Cafe 1040, Inc determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Cafe 1040, Inc may preserve any transmittal or communication by you with Cafe 1040, Inc through the Sites or any service offered on or through the Sites, and may also disclose such data if required to do so by law or Cafe 1040, Inc determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Cafe 1040, Inc, its employees, users of or visitors to the Sites, and the public.

You agree that Cafe 1040, Inc may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block your future access to the Sites if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Sites. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Cafe 1040, Inc, for which monetary damages would be inadequate, and you consent to Cafe 1040, Inc obtaining any injunctive or equitable relief that Cafe 1040, Inc deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Cafe 1040, Inc may have at law or in equity.

You agree that Cafe 1040, Inc may, in its sole discretion and without prior notice, terminate your access to the Sites, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Sites or any service offered on or through the Sites, or (4) unexpected technical issues or problems.

If Cafe 1040, Inc does take any legal action against you as a result of your violation of these Terms of Use, Cafe 1040, Inc will be entitled to recover from you, and you agree to pay, all reasonable attorneys? fees and costs of such action, in addition to any other relief granted to Cafe 1040, Inc. You agree that Cafe 1040, Inc will not be liable to you or to any third party for termination of your access to the Sites as a result of any violation of these Terms of Use.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Sites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Georgia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Forsyth County, Georgia, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys? fees. In the event of any controversy or dispute between Cafe 1040, Inc and you arising out of or in connection with your use of the Sites, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

VOID WHERE PROHIBITED

Cafe 1040, Inc administers and operates the Cafe 1040, Inc Sites from its location in Atlanta, Georgia, USA; other Cafe 1040, Inc sites may be administered and operated from various locations inside and outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Cafe 1040, Inc reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Sites is void where prohibited. If you choose to access the Sites from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

MISCELLANEOUS

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Sites, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Cafe 1040, Inc with regard to your use of the Sites, and any and all other written or oral agreements or understandings previously existing between you and Cafe 1040, Inc with respect to such use are hereby superseded and cancelled. Cafe 1040, Inc will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Cafe 1040, Inc?s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Cafe 1040, Inc of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Cafe 1040, Inc and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Cafe 1040, Inc provides access to Cafe 1040, Inc international data and, therefore, may contain references or cross references to Cafe 1040, Inc products, programs and services that are not announced in your country. Such reference does not imply that Cafe 1040, Inc in your country intends to announce such products, programs or services.

FEEDBACK AND INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential. Cafe 1040, Inc shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Copyright © 2001-2014 Cafe 1040, Inc. All rights reserved.

Cafe 1040, Inc. PO BOX 110, ALPHARETTA, GA 30009