Bear Rock Holdings, Inc.
1225 Crescent Green Dr.
Suite 115
Cary, NC 27511

This Web site is offered to you, the "User," conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.

Bear Rock Holdings, Inc. uses extensive and sophisticated secure technology to protect your data and transmissions between you.

Here are the highlights:

• Transmission between browsers and our web server is implemented using Secure Sockets Layer (SSL) technology. This technology requires an SSL-capable browser such as MS Internet Explorer 3.0 (or later) or Netscape Navigator 2.0 (or later).
• Transmissions between Bear Rock Foods and participating consumers are encrypted using public key cryptography algorithms with a minimum key size of 128 bits.
• Our database is physically separated from our web server and is protected by a physical firewall.

Although Bear Rock Holdings, Inc. has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Bear Rock Holdings, Inc. cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

Bear Rock Holdings, Inc. intends that the information contained in this Web site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Bear Rock Holdings, Inc. at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Bear Rock Holdings, Inc., OR PARTICIPATING FRANCHISES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE IS AT YOUR OWN RISK. BEAR ROCK FOODS INC AND PARTICIPATING FRANCHISE OWNERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, LIABILITY OR OTHERWISE, EVEN IF BEAR ROCK FOODS INC. AND/OR ITS FRANCHISEES HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

As a condition of use of this Web site, you agree to indemnify Bear Rock Holdings, Inc. and its Franchisees from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Bear Rock Holdings, Inc. does not operate or control in any respect any information, software, products or services available on such Web sites. Bear Rock Holdings, Inc.'s inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Bear Rock Holdings, Inc. is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by Bear Rock Holdings, Inc., or to any acts or omissions for which you may contend Bear Rock Holdings, Inc. is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration venued in Cary, North Carolina.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Cary, North Carolina. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Bear Rock Holdings, Inc. WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Bear Rock Holdings, Inc.’s goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Bear Rock Holdings, Inc., the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Cary, North Carolina. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

This Agreement constitutes the entire agreement between you and Bear Rock Holdings, Inc. and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Bear Rock Holdings, Inc. with respect to this Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of North Carolina, excluding its conflict of laws principles. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.