TERMS AND CONDITIONS

IMPORTANT - PLEASE READ CAREFULLY:

By visiting or using MOSAIC's Web site at home.insightbb.com/~mosaic ("crestwoodmosaic.com") including without limitation the computer software, associated media, printed materials and "online" or electronic documentation, you accept and agree to be bound by these crestwoodmosaic.com Terms and Conditions. If you do not agree to these Terms and Conditions, you do not have any right to use crestwoodmosaic.com. These Terms and Conditions are a legal contract between you and MOSAIC for use of crestwoodmosaic.com. Please read them carefully.

PRIVACY AND ACCEPTABLE USE

Please review crestwoodmosaic.com Statement of Privacy Policy and Acceptable Use Policy, which also govern your use of crestwoodmosaic.com and are incorporated into these Terms and Conditions by reference.

LICENSE AND SITE ACCESS

MOSAIC grants you a limited, revocable, non-exclusive license to access, display, copy, download and print the materials on crestwoodmosaic.com for your own personal use, provided that you keep intact all copyright and other proprietary notices. You may create a hyperlink to the home page of crestwoodmosaic.com, provided that link does not portray MOSAIC or its products or services in a false, misleading, derogatory, offensive or other manner unacceptable to MOSAIC.

You may not otherwise use crestwoodmosaic.com, without the prior, express, written consent of MOSAIC. Other than as permitted in the preceding paragraph, examples of prohibited uses include, but are not limited to: commercial use; downloading (other than page caching), reproducing, duplicating, copying, modifying, republishing, posting, transmitting, preparing derivative works, distributing, selling any material on crestwoodmosaic.com or any of the Content; using any MOSAIC logo or other proprietary graphic or trademark as part of a hyperlink; framing or utilizing framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of crestwoodmosaic.com; "mirroring" any material contained on crestwoodmosaic.com or crestwoodmosaic.com's server; and using any spiders, crawlers, meta tags or any other "hidden text" containing MOSAIC's name or trademarks.

COPYRIGHT

All the content included on crestwoodmosaic.com, including without limitation all the text, applets, graphics, photographs, graphs, sounds, data, images, audio and video clips, logos, button icons, images, digital downloads, data compilations and software ("Content"), is the property of MOSAIC or its Content suppliers and is protected by U.S. and international copyright laws. All software used to operate crestwoodmosaic.com is the property of MOSAIC and its partner software suppliers and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly and coordination of all Content available on crestwoodmosaic.com is the exclusive property of MOSAIC and protected by U.S. and international copyright laws. All Content available on crestwoodmosaic.com may only be used by you for your personal use and data-gathering resources. You do not acquire any ownership rights in materials you download or copy from crestwoodmosaic.com.

TRADEMARKS

crestwoodmosaic.com, the MOSAIC logo, and any other marks, graphics, logos and service names indicated on crestwoodmosaic.com are trademarks of MOSAIC. MOSAIC trademarks and trade dress may not be used (i) in connection with any product or service that is not MOSAIC; (ii) in any manner that is likely to cause confusion among customers; or (iii) in any manner that disparages or discredits MOSAIC or crestwoodmosaic.com. All other trademarks not owned by MOSAIC are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by MOSAIC.

TERMINATION OF USAGE

MOSAIC reserves the right, at its sole discretion, to refuse service, and remove or edit content. MOSAIC may terminate or suspend your access to all or part of crestwoodmosaic.com without notice for any conduct that MOSAIC, in its sole discretion, believes is in violation of any applicable law, these Terms and Conditions or the Acceptable Use Policy, or is harmful to the interests of MOSAIC, another user, third-party provider, merchant, sponsor, licensor or service provider.

DISCLAIMER OF WARRANTY AND LIMITATION ON LIABILITY

INFORMATION AND MATERIALS CONTAINED ON CRESTWOODOSAIC.COM, INCLUDING WITHOUT LIMITATION THE CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOSAIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF CRESTWOODOSAIC.COM OR THE CONTENT INCLUDED ON CRESTWOODOSAIC.COM. YOU HEREBY AGREE THAT YOUR USE OF CRESTWOODOSAIC.COM IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOSAIC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MOSAIC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA CRESTWOODOSAIC.COM IS ACCURATE, COMPLETE OR CURRENT. MOSAIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF CRESTWOODOSAIC.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED WILL BE TO REQUEST THAT MOSAIC CORRECT THE MATTER OR, IF MOSAIC FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT YOUR OPTION.

THE LAWS OF CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

CONSENT TO JURISDICTION

You consent and voluntarily submit to personal jurisdiction in the Commonwealth of Kentucky and in the courts in such state located in Jefferson County, Kentucky and the United States District Court for the Western District of Kentucky in any proceeding arising out of or relating to your use of crestwoodmosaic.com or these Terms and Conditions and you agree that all claims in respect to the proceeding may be heard and determined in any such court. You agree that any action instituted by you against MOSAIC with respect to these Terms and Conditions shall be instituted exclusively in the United States District Court for the Western District of Kentucky or, if such Court does not have jurisdiction to adjudicate such action, in the Courts of the Commonwealth of Kentucky located in the Jefferson County, Kentucky. You hereby irrevocably and unconditionally waive and agree not to plead, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of venue or the convenience of the forum of any action with respect to these Terms and Conditions or crestwoodmosaic.com in the United States District Court for the Western District of Kentucky and the Courts of the Commonwealth of Kentucky located in Jefferson County, Kentucky. Each party agrees that a final judgment in any proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law or in equity.

GOVERNING LAW AND GENERAL TERMS

These Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the Commonwealth of Kentucky as they apply to a contract made and performed in such state, notwithstanding any conflict of law principles of the law of such state.

These Terms and Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

SEVERABILITY

Should any term of these Terms and Conditions be declared void or unenforceable by any court of competent jurisdiction, such declaration will have no effect on the remaining terms hereof.

MODIFICATIONS AND WAIVER

A waiver by either party of its rights hereunder will not be binding unless contained in a writing signed by an authorized representative of the party waiving its rights. The nonenforcement or waiver of any provision on one occasion will not constitute a waiver of such provision on any other occasions unless expressly so agreed in writing. It is agreed that no use of trade or other regular practice or method of dealing between the parties hereto will be used to modify, interpret, supplement or alter in any manner these Terms and Conditions.

FORCE MAJEURE

MOSAIC will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MOSAIC's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

THIRD PARTY SITES

Reference and links to third party companies and products are for informational purposes only and constitute neither an endorsement nor a recommendation and are not intended to suggest any affiliation unless expressly stated on crestwoodmosaic.com. You may be able to access other Internet sites not created by MOSAIC through crestwoodmosaic.com. The reliability, availability, legality, performance and other aspects of resources on Internet sites other than those created by MOSAIC is beyond MOSAIC's control. MOSAIC makes no representations or warranties with respect to any third party sites.