TERMS OF USE AND PRIVACY STATEMENT

1.) Disclaimer

Your access to and use of the Web Site provided by XOS Technology (the "Company"), and the Company's licensor, Western Michigan, including any purchases for products and services (the "Service") sold via the Web Site, is exclusively governed by these Terms of Use. The data contained in our Web Site is for educational and informational purposes only and is not represented to be error free. The Company attempts to ensure that the data provided or otherwise displayed on our Web Site is accurate. However, the Web Site and its contents are provided on an "as is, as available" basis. Use of the Web Site and its contents is at the user's sole risk. The Company does not warrant that any functions of the Web Site will be uninterrupted or error-free, that defects will be corrected, or that the Web Site will be free from viruses or other harmful components. It is not intended to constitute a promise or contract of any kind. Any links to information not associated with the Company are provided as a courtesy and do not constitute an endorsement by the Company or the Western Michigan of any of the linked materials. By accessing or using our Web Site, you accept and agreed to be bound by these Terms of Use as the Company may modify them from time to time. If any provision of these Terms of Use or any application thereof is held to be invalid or unenforceable, that provision shall be deemed severable and the remainder of the Terms of Use shall not be affected.

2.) Warranties

The Web Site and its contents are provided without any representations, endorsements or warranties of any kind whatsoever, either express or implied, including, but not limited to, any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with the sole exception of warranties (if any) that cannot be expressly excluded under applicable law.

3.) Modifications

The Company may at any time make modifications, changes and alterations to the data of our Web Site, including the Terms of Use, without prior notice. You are responsible for regularly reviewing these Terms of Use. Your continued use of our Web Site following any modifications, changes or alterations shall constitute your acceptance of such modifications, changes or alterations.

4.) Intellectual Property Statement

All content of our Web Site is the copyrighted material of the Company, the Western Michigan or the appropriate contributor, and is protected by the United States and international copyright, trademark and other applicable laws. The Web Site includes content, appearances and design, as well as the Company and third party trademarks, product names, graphics, logos, slogans, colors and designs that are the property of their respective owners. Except as set forth in the relevant license agreements, nothing contained in our Web Site grants any license or other right to any the Company's intellectual property or any third party's intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the Web Site. You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright or any other notice contained in the content), modify, distribute, alter, display, reproduce, transfer or republish any of the data of our Web Site without obtaining the written permission of the Company and the Company's licensor, the Western Michigan.

5.) Applicable Law

This Web Site is created and controlled by the Company in the State of Nebraska. As such, the laws of the State of Nebraska will govern these Terms of Use without giving effect to any principles of conflicts of laws. The parties agree that a condition of using this Web Site is that any and all claims arising out of use of this Web Site will be tried in the State of Nebraska and Nebraska law will apply. The Nebraska courts in Sarpy County shall have exclusive jurisdiction and venue, and you consent and submit to the personal jurisdiction of such court over any claim, suit, or proceeding arising out of these Terms of Use.

6.) Limitation of Liability

In no event will the Company or its affiliates, representatives, contractors, or their respective officers, directors or employees be liable for any damages, including, without limitation, indirect, incidental, special, consequential or punitive damages, whether under a contract, tort or any other theory of liability, arising in connection with (i) any party's use of the Web Site or a linked site, (ii) any failure, error, omission, interruption, defect, delay, computer virus, line system failure or loss of data, (iii) any loss of use related to our Web Site or a linked site, (iv) any Web Site operated by any third party, (v) or any content of this Web Site or any linked site, even if the Company is aware of the possibility of such damages.

You agree to indemnify, defend and hold harmless the Company and the Company's licensor, the Western Michigan, from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, arising from or related to any breach by you of any of these Terms of Use or applicable law, including those regarding intellectual property.

7.) Privacy

The Company strives to ensure the privacy and accuracy of your confidential information. In order for you to purchase products and services that we offer via the Web Site, we require you to provide us with information that personally identifies you ("Personal Information"). Personal Information may include (i) contact data (such as your name, physical and email addresses, phone numbers and domain names), and (ii) financial data (such as your account or credit card number). We do not actively share Personal Information gathered from our Web servers. We do not provide or sell any Personal Information to outside agencies (third parties). We may disclose Personal Information when we, in good faith, believe that the law requires it or for the protection of our legal rights. Site activity data is collected throughout the Web Site and includes information on domains, browsers, operating systems, and pages accessed. This information is used only for standard reporting purposes to improve site content and display. No attempt is made to track the activity of individuals or preserve any information relating to identified users. Although our Web Site uses cookies to process and fulfill order request, we do not store such cookies and such cookies are immediately discarded as soon as you close your browser. The Company Web Site links to a number of external Web Sites to provide its users a convenient method to access information that may be useful to the user. We are not responsible for the privacy practices or the content of the external Web Sites in which we link. The Company makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability of such site. Once you link to a different Web Site, the privacy policy stated herein is no longer in effect.

8.) Member Conduct

The Company may at any time make modifications, changes and alterations to the data of our Web Site. Such modifications may include messages boards, email service, chat rooms, and other such services.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a the Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

l. "stalk" or otherwise harass another; or

m. collect or store personal data about other users.

You acknowledge that the Company does not pre-screen Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, The Company and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Company or submitted to the Company, including without limitation information in message boards, clubs, and in all other parts of the Service.

You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

The Company does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant the Company the following world-wide, royalty free and non-exclusive license(s), as applicable:

" With respect to Content you submit or make available for inclusion on publicly accessible areas, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the publicly accessible areas to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or the Company removes such Content from the Service.

" With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of the Company network of properties that are intended by the Company to be available to the general public. By way of example, publicly accessible areas of the Service would include message boards and portions of clubs and groups that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of any clubs and groups that are limited to members.

9.) Guidelines for Children

It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. We do not specifically collect information about children nor market our products or services to children.

10.) Termination of Use

You are entitled to cancel this agreement after your subscription term with Western Michigan is complete. Upon completion of the subscription term of your agreement, you may terminate your subscription with Western Michigan in the Customer Care Section of Western Michigan.

You agree that we may, in our sole discretion, terminate or suspend your access to all or any part of the Web Site with or without notice and for any reason. Any suspected fraudulent, abusive or illegal activity may constitute grounds for terminating your relationship and may be referred to appropriate law enforcement authorities