TRYEM USER AGREEMENT

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEBSITE.

Use of Site
Tryem (“Tryem”) authorizes you to view and link from this website ("Site") to other websites only for your personal, non-commercial use, provided that you agree to follow all Tryem policies and procedures. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Member Submissions
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Submissions"). You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or comments that would violate any law. Tryem retains the right to reject or remove any comments placed on this Site that it considers inappropriate.

Links To Other Websites
Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Tryem has not reviewed all of the third party sites and does not control and is not responsible for any of these sites or their content. Thus, Tryem does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer
THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Tryem further does not warrant the accuracy and completeness of the materials at this Site. Tryem may make changes to the materials at this Site, or to the products, offers and prices described in them, at any time without notice. The materials at this Site may be out of date, offers may no longer be valid, and Tryem makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Contact Tryem for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability
IN NO EVENT WILL TRYEM, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Applicable Laws
Tryem administers this Site from its offices in Gold River, California. Tryem makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of laws.

General
Tryem may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at + this Site. Revised May 2004.

Rewards Program Notice
By participating in Tryem, each member may be eligible for sharing in the rewards (“Rewards”) program as defined by Tryem. Fees earned by Tryem from affiliate sites will be allocated to members based on a pro rata formula as defined by Tryem. Fees collected from affiliate sites will be allocated to a Rewards pool (“Pool”) after deductions for Tryem services are made. Initially, a minimum of 50% of the affiliate fees will be allocated to the Pool. Tryem reserves the right to modify the percent allocated to the Pool at any time. The Pool will then be allocated to the members based on their pro rata share. The pro rata share will be determined by the number of clicks generated from a member’s Tryem site (“MyTryem”) as compared to the total number of clicks from other member’s MyTryem sites. The Rewards will be accounted for on a monthly basis.
Members will be issued a check once their individual rewards reach $25. The checks will be sent to the name and address listed in the member profile at the time the rewards are paid. Lost checks will be reissued at the discretion of Tryem and may include a fee charged to the member. Electronic funds transfer may also be used to remit Rewards to members.
Referral fees will be paid to members for referring other members to Tryem. Only one referral fee will be paid for each referred member. Tryem reserves the right to determine any dispute between members and or Tryem for fees due or paid.
Rewards earned will be posted to the Tryem Site when calculated. At the end of a month, Tryem will query each affiliate for fees earned. In some cases, information from the affiliate sites may not be available in a timely manner. Tryem reserves the right to differ any fees that it is not able to collect from affiliates in a timely manner.
Tryem is not required to disclose the actual calculations made to allocate Rewards to members. Any disclosure is at the discretion of Tryem.
Members may request new sites to be added. Tryem does not warrant the timeliness of adding sites nor is Tryem responsible for any lost Rewards from requested sites.
Tracking of affiliate fees is based on click-thru activity from banners placed on the Tryem Site. Tryem is not responsible for lost fees due to errors in the banner software, posting errors or other actions that lead to lost data or click-thru tracking.

Ratings Legal Notice
NOTICE OF DISCLAIMER
By accessing the Rating and Comments (“Ratings”) and related information and materials ("Ratings") on this Site you acknowledge and accept the terms and conditions upon which the Ratings are made available.
THE RATINGS ARE MADE AVAILABLE BY TRYEM FOR USE FOR THE PURPOSE OF FINDING QUALITY SITES AND IS OFFERED "AS IS," WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Tryem does not warrant that the Ratings and information are current, accurate, or complete. Tryem provides access to the Ratings by its members solely at its discretion. In making available the Ratings, Tryem does not assess the financial condition of Merchants, nor does Tryem guarantee the performance, financial or otherwise, of any Merchant. Tryem does not warrant that the ratings and comments are accurate. Each member should independently confirm the conformance of any rated Merchant with your standards or requirements. Any reproduction or re-transmission of the information provided under the Ratings is prohibited. Tryem reserves the right to modify or terminate the Ratings, either in total or part, at any time.
IN NO EVENT WILL TRYEM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, LOST REVENUE, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF THE USE, INABILITY TO USE OR RESULTS OF USE OF THE ACCLAIM PROGRAM WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT TRYEM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Posting Legal Notice
NOTICE OF DISCLAIMER
By Posting Ratings and Comments (“Postings”) on this Site you acknowledge and accept the terms and conditions upon which the Postings are made available.
THE POSTINGS ARE MADE AVAILABLE BY TRYEM FOR USE FOR THE PURPOSE OF FINDING QUALITY SITES AND IS OPEN TO THE GENERAL PUBLIC.
Tryem does not warrant that neither the Postings nor the information is current, accurate, or complete. Tryem provides access to the Posting service to its members solely at its discretion. In making available the Postings, Tryem does not assess the financial condition of Merchants, nor does Tryem guarantee the performance, financial or otherwise, of any Merchant. Tryem does not warrant that the Postings are accurate. Each member should independently confirm the conformance of any rated Merchant with your standards or requirements. Any reproduction or re-transmission of the information provided under the Postings is prohibited. Tryem reserves the right to modify or terminate the Postings, either in total or part, at any time.
IN NO EVENT WILL TRYEM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, LOST REVENUE, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF THE USE, INABILITY TO USE OR RESULTS OF USE OF THE ACCLAIM PROGRAM WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT TRYEM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.