Husqvarna Construction Products and its affiliates ("Husqvarna Construction Products") provide a web site located on the Internet at http://www.Felkersaws.com ("Site") that allows Users to find information about our company, it's products and it's services.

Please read this Agreement ("Agreement") carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by this Agreement. Husqvarna Construction Products provides the information and services on this Site to you, the User, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.

Husqvarna Construction Products assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on the Site. While Husqvarna Construction Products strives to keep the information and pricing on the Site accurate, complete and up-to-date, Husqvarna Construction Products cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information and pricing.

All materials on the Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by Husqvarna Construction Products. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the written consent of Husqvarna Construction Products.

You understand and agree that when using the Husqvarna Construction Products Site, you will not do the following: (i) upload, post, email or otherwise transmit content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, libelous, invasive of privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) transmit and/or facilitate transmission of software and/or hardware viruses; codes, files or programs designed to interrupt, destroy or limit the operation and/or function of software, hardware and/or telecommunications equipment; (iv) transmit and/or facilitate the transmission of content that violates and/or infringes the confidentiality of work product; patent; trademark; trade secret; copyright; and/or proprietary rights of others; (v) falsely identify and/or represent who you are; (vi) manipulate or falsify your transmission to us and by that transmission cause us to incorrectly, inadvertently and/or unknowingly transmit information, of any kind, to an unauthorized person /or party, and/or (vii) collect or store data from us, without our prior written consent.

You may access, download and print materials on this Site for your own personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by Husqvarna Construction Products, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Husqvarna Construction Products, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.

YOUR USE OF THE SITE AND ANY SERVICE OFFERED AT THE SITE IS AT YOUR SOLE RISK. Husqvarna Construction Products DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Husqvarna Construction Products EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Husqvarna Construction Products MAKES NO WARRANTY THAT (i) THAT THE SITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR ANY SERVICE PROVIDED HEREIN (A "SERVICE") WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Husqvarna Construction Products OR THROUGH OR FROM THE SITE OR ANY SERVICE OFFERED SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Husqvarna Construction Products SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Husqvarna Construction Products HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ANY SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR ANY SERVICE.

IN NO EVENT SHALL Husqvarna Construction Products'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING Husqvarna Construction Products'S SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend and hold harmless Husqvarna Construction Products from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

The Site may contain hyperlinks to web sites operated by parties other than Husqvarna Construction Products. Such hyperlinks are provided for your reference only. Husqvarna Construction Products does not control such web sites, and is not responsible for their content. Inclusion of hyperlinks by Husqvarna Construction Products to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such web sites, including information, material, products and services therein, solely at your own risk. Furthermore, once linked to another web site, you should read that web site's privacy policy before disclosing any personal information.

You may only provide a hypertext link to the Site on another web site provided that (a) the link must be a text only link clearly marked (e.g. "FelkerSaws.com"); (b) the link must "point" to the "home page" URL (e.g. "FelkerSaws.com") and not to other pages within the Site; (c) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Site; (d) the appearance, position, and other aspects of the link may not create the false appearance that the linking page, its owner, or any other entity is associated with or sponsored by Husqvarna Construction Products or the Site; and (e) the link, when activated by a user, must display the Site full screen and not within a "frame" on the linking web site. Husqvarna Construction Products reserves the right to revoke its consent to the link at any time in its sole discretion.

Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical applications, review specifications prior to purchase.

Postings to and communications with the Site are not private. You grant Husqvarna Construction Products the unrestricted right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Site (including your identity and information about you) for any purpose, including commercial uses, without compensation of any kind to the individual making the communication, and to authorize others to do so. Any information you submit to Husqvarna Construction Products in any medium shall become the exclusive property of Husqvarna Construction Products and shall not be returned to you.

Site User identification and passwords shall be maintained as personal and confidential. Transferring or sharing assigned user identification and password information is strictly prohibited. Any violation of this prohibition shall result in immediate termination of access to the Site as well as liability to Husqvarna Construction Products for all damages resulting from such breach. It is your sole responsibility to protect the active password from unauthorized use. You will be responsible for any changes to your User identification and password.

YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF SITE PRODUCTS TO ACHIEVE INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF SITE PRODUCTS OR ANY CONTENT RETRIEVED THROUGH THE SITE, INCLUDING THOSE TO ANY THIRD PARTY, FOR THE CONTENT, ACCURACY, AND REVIEW OF SUCH RESULTS.

The Terms of Purchase contain Husqvarna Construction Products's conditions of sale. Placement of an order shall be deemed acceptance of the Terms of Purchase. All prices on our Site are subject to change without notice. If a price of a product on the Site does not reflect the current Husqvarna Construction Products price, Husqvarna Construction Products will notify the Customer of the change in price prior to shipping the product. You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by Husqvarna Construction Products.

This Site contains many Husqvarna Construction Products logos, trademarks and service marks ("Marks"). All Marks are the property of Husqvarna Construction Products. All rights in the intellectual property contained in this Site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Site does not constitute a right to copy or use any of the intellectual property of Husqvarna Construction Products. Without the prior written consent of Husqvarna Construction Products, you agree not to display or use in any manner, the Marks.

Husqvarna Construction Products may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. Husqvarna Construction Products may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

The information and services offered on the Site are provided with the understanding that neither Husqvarna Construction Products or Users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

Purchaser acknowledges that it is not the agent of Husqvarna Construction Products and represents and warrants that it has not and covenants that it will not pay anything of value to any government employee in connection with the resale of the products.

This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of the State of Kansas, United States of America, without giving effect to any principles of conflicts of law. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Failure by Husqvarna Construction Products to insist upon strict enforcement of any provisions of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Husqvarna Construction Products and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Johnson County, State of Kansas. All other trademarks are the property of their respective owners.

© Copyright Husqvarna Construction Products, 2001. All rights reserved.