EFFECTIVE DATE: October 12, 2004

Please Read these Terms and Conditions of Site Use Carefully Before Using this Site

Ellison Educational Equipment, Inc. is doing business as Ellison.com ("Ellison.com") and owns and operates this Web site ("Site") as well as corp.Ellison.com ("corp.Ellison.com") and Sizzix.com ("Sizzix.com") ("Sites"). By accessing and using these Sites you signify your consent to these Terms of Use. If you do not agree to these Terms and Conditions of Use, do not use these Sites. You may browse for information and entertainment, but may not modify, transmit, or revise any material herein without the written permission of corp.Ellison.com. Furthermore, do not transmit unlawful or defamatory material. Your use of this Site constitutes acceptance of these terms. These Terms and Conditions may be updated at any time and each time you access the Site the new Terms will govern.

Privacy
Please review our Privacy Policy, which also governs your visit to corp.Ellison.com to understand our practices.

Electronic Communications
When you visit corp.Ellison.com or send electronic mail to us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications which we provide you electronically satisfy any legal requirement that such communications be in writing.

Idea Submissions
We encourage users of our Sites to share with us their comments, suggestions, concepts, observations and ideas ("Ideas") about our Sites, their products, and their commercial or educational use in general. By using our Sites, however, you agree to grant, unless we indicate otherwise, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Ideas throughout the world in any media. You agree to grant our Sites the right to use the name that you submit in connection with such Ideas, if any such Ideas are chosen. You represent and warrant that you own or otherwise control all of the rights to the Ideas that you submit; that the Ideas are accurate; that use of the Ideas you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify our Sites or its affiliates from all claims resulting from Ideas you supply. No compensation shall be paid for Ideas nor shall compensation be implied.

Proprietary Property
On our Sites we claim various proprietary and intellectual property rights to materials, including but not limited to copyrights and trademarks ("Content"). No Content owned or licensed by our Sites may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, resold, or modified, without prior, written permission from our Sites, except for one allowable downloaded copy of Content for your personal or non-commercial use. Copies of any material must clearly display the appropriate proprietary notices. Please see the Copyrights, Trademarks and Patents page at this Site for instructions on proper crediting to our Sites.

Unauthorised Site Use
Our Sites prohibit the following activities without prior, written approval: linking; framing; use of any robot, spider, other automatic device, or manual process to monitor or copy the Site Ideas or Content; any other interference with technological measures designed to control access to or use of the Site or its contents; interfering or attempting to interfere with the proper operation of the Site and its activities; taking any action that might impose an unreasonable or disproportionately large load on the technical infrastructure of the Site. Please contact us at customerservice@ellison.com for approval inquiries.

Risk of Loss
Some of our Sites allow for the purchasing of products. All products purchased from any of our Sites are made pursuant to a shipment contract. This means that all risk of loss and title for such items pass to you upon our delivery to the carrier.

Disclaimer of Warranties
Our Sites and all their contents and services are provided by corp.Ellison.com on an "as is" basis without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, and fitness for a particular purpose and non-infringement. We do not warrant or guarantee that the contents of the Site(s) will be accurate, up-to-date, or otherwise reliable. Corp.Ellison.com does not warrant that this Site, its servers, or e-mail sent from corp.Ellison.com are free from viruses or other harmful components. The foregoing does not limit any manufacturer's express warranty provided with any product purchased on our Sites. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction,.

Limitation of Liability
Corp.Ellison.com will not be liable for any damages of any kind arising from the use of our Sites, including but not limited to lost profits or any special, incidental, indirect, consequential or reliance damages arising out of or in connection with our Sites, our services or this agreement, under any legal theory, even if we have been advised of the possibility of such damages and notwithstanding the failure of essential purposes of any limited remedy. Our liability to you, under any legal theory, is limited to the greater of (a) the amount of fees you pay to us in the 12 months prior to the action giving rise to the liability and (b) $1,000 USD (one thousand US dollars). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Disputes
Any disputes relating in any way to your visit to one of our Sites or to products you purchase through one of our Sites shall be submitted to arbitration in Orange County, California, USA; except that to the extent you have in any manner violated or threatened to violate the intellectual property rights of corp.Ellison.com, corp.Ellison.com may seek injunction or other appropriate relief in any state or federal court in the State of California, and you consent to jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Judicial, Arbitration and Mediation Service ("JAMS"). The arbitrators' award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding this arbitration clause, if either you or corp.Ellison.com institute a lawsuit any award of attorney's fees will be limited to $1,000 USD (one thousand US dollars).

Applicable Law
Corp.Ellison.com is created, owned and controlled by Ellison Educational Equipment, Inc. in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, or any dispute relating to our Sites without giving effect to any principles of conflicts of laws. Further, any Site contract was created and is being performed in the State of California.