PLYMOUTH QUARRIES, INC.
TERMS AND CONDITIONS OF USE AND LICENSING AGREEMENT

Welcome to plymouthquarries.com. This Terms and Conditions of Use and Licensing Agreement (“Agreement”) is made between Plymouth Quarries, Inc. (“Plymouth Quarries”) and any person or entity (“You” or “Your”) who uses Plymouth Quarries' website as located at http://www.plymouthquarries.com (“the Website”).

BY ACCESSING, USING, DOWNLOADING, INSTALLING, OR VIEWING ANY PORTION OF THE WEBSITE AND ALL CONTENT CONTAINED THEREIN YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS, CONDITIONS OBLIGATIONS AND PERFORMANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU SHALL NOT ACCESS, USE, OR VIEW ANY OF THE WEBSITE!

I. PROPRIETARY INFORMATION.

This Website is owned and operated by Plymouth Quarries. All of the content featured or displayed on this Website, including, but not limited to text, data, software, graphics, photographs, images, moving images, sound, illustrations, and software (collectively "Content"), are owned by Plymouth Quarries, its licensors and content providers. All elements of the Website, including, but not limited to, the general design, appearance and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly provided under a separate, written agreement with Plymouth Quarries or its affiliates, no
portion or element of this Website or its Content may be copied, retransmitted, reproduced, and/or reverse engineered by any means and this Website, its Content and all related rights shall remain the exclusive property of Plymouth Quarries or its licensors.

Plymouth Quarries, design and stylized logo ®, Plymouth Quarries™, and Weymouth Seamface and Splitface Granite™, are trademarks of Plymouth Quarries (collectively, “Trademarks”) as may be registered with the United States Patent and Trademark Office. These Trademarks may not be used without the prior written consent of Plymouth Quarries. All other trademarks, product names,
company names and logos, as they may appear on the Website are the property of their respective owners, registrants, or licensors. The Content, and accompanying material thereto, are protected by applicable copyright law and other laws relating to intellectual property.

II. LICENSING AGREEMENT.

Subject to the terms and conditions herein, Plymouth Quarries grants You a personal, non-exclusive, nontransferable, limited, revocable license to store and view the Content on this Website. Any use beyond the personal, non- exclusive, nontransferable, limited, revocable license granted herein shall constitute a breach of this Agreement.

Any unauthorized use outside of the limited, revocable license granted herein may constitute a breach of the Agreement and/or trademark or copyright infringement entitling Plymouth Quarries to exercise any and all rights and remedies under this Agreement as well as applicable trademark and copyright laws and treaties. This License shall be deemed effective and accepted on the date you agree to be bound by this Agreement by accessing and utilizing the Website, and will remain in full force and effect until terminated. This License will automatically terminate, without any notice, if You breach any of the terms or conditions herein.

III. DISCLAIMERS AND LIMITATIONS OF LIABILITY.

You expressly agree that the use of the Website is at your sole risk. Neither Plymouth Quarries, nor its officers, directors, shareholders, affiliates, employees, agents, third-party content providers, hosts, merchants, sponsors, licensors, or the like, (collectively, "Providers") warrant that that Your use of the Website will be uninterrupted or error-free. Nor do the Providers make any warranty as to the results that may be obtained from the use of the Website, or as to the accuracy or reliability of any information, content, services, merchandise, and/or goods provided through the Website. Any and all and Content must be independently verified by contacting an authorized representative of Plymouth Quarries.

THIS SITE IS PROVIDED BY PLYMOUTH QUARRIES ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLYMOUTH QUARRIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS, GOODS, EFFECTS OR PRODUCTS, AS MAY BE CONTAINED OR SOLD ON THIS WEBSITE. PLYMOUTH QUARRIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLYMOUTH QUARRIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE, STATEMENT, OR WRITTEN INFORMATION GIVEN BY PLYMOUTH QUARRIES OR ITS AFFILIATES, SHALL CREATE ANY WARRANTY. NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES SHALL PLYMOUTH QUARRIES OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, OR THE SALE OF ANY AND ALL GOODS, MATERIALS, AND EFFECTS SOLD HEREIN, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE, CONTENT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN THE OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PLYMOUTH QUARRIES' RECORDS, PROGRAMS, OR SERVICES.

The Website may have hyperlinks to other websites operated by third parties that are not controlled by Plymouth Quarries, or its affiliates. Such hyperlinks are provided solely as a convenience. Plymouth Quarries does not monitor, filter, edit, endorse, or censor the material and content appearing on such websites. Neither Plymouth Quarries or its affiliates guaranty the
accuracy or completeness of such hyperlinked material or content, nor its merchantability or fitness for a particular purpose. Under no circumstances, shall Plymouth Quarries, or its providers be liable for any loss, damage, or harm caused by Your reliance on such hyperlinked material and content. It is your responsibility to independently evaluate and verify any and all such material and content.

IV. PRIVACY POLICY.

In accordance with the terms of Plymouth Quarries' Privacy Policy, the terms of which are incorporated herein by reference, Plymouth Quarries respects Your privacy. Please take a minute to read our Privacy Policy.

V. GENERAL.

This Agreement shall be interpreted, construed and governed by the laws of the Commonwealth of Massachusetts . Venue for all disputes arising under this Agreement shall lie exclusively in the courts within Plymouth County of the Commonwealth of Massachusetts . You irrevocably and unconditionally agree to consent to the personal jurisdiction of the courts within Plymouth County of
the Commonwealth of Massachusetts . Notwithstanding the foregoing, however, Plymouth Quarries shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief.

Plymouth Quarries cannot prohibit minors from visiting this website, and must rely on parents, guardians and those responsible for supervising children under 18 to decide what material is appropriate for such children to view. Plymouth Quarries requires that all users be individuals 18 years of age or older. EACH TIME YOU USE, DOWNLOAD, INSTALL, AND/OR VIEW ANY IMAGES FROM PLYMOUTHQUARRIES.COM, YOU ARE REPRESENTING TO PLYMOUTH QUARRIES THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR OLDER.

No action of Plymouth Quarries, other than an express written waiver or amendment, may be construed as a waiver or amendment of this Agreement. Plymouth Quarries reserves the right to change this Agreement, the Content, material, prices, information and available license terms provided herein without notice.

These conditions set out the entire Agreement between Plymouth Quarries and You relating to your use of this Website. If any part of this agreement is found unenforceable, it will not affect the
validity of the remaining terms, conditions, obligations, and performance contemplated herein, which shall remain valid and enforceable according to their terms.

Please direct any and all written correspondence relative to the Website and the Content to:

Plymouth Quarries, Inc.
Attention: Jon P. Devine, Treasurer
410 Whiting Street (Rt. 53)
Hingham , MA 02043
781-335-3686 (phone)
781-340-0313 (fax)

©2004 Plymouth Quarries, Inc. All rights reserved.