CATALOG YOUR ASSETS, LLC (“CYA”) OFFERS ITS SERVICES AND PRODUCTS ON THE FOLLOWING TERMS AND CONDITIONS. THIS USER AGREEMENT AFFECTS YOUR RIGHTS AND OBLIGATIONS AND SHOULD BE READ CAREFULLY. BY USING OF THIS WEBSITE OR ORDERING ANY PRODUCT FROM THIS WEBSITE OR THE TOLL FREE NUMBER LISTED ON THIS WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE ESSENTIAL TERMS AND CONDITIONS, PLEASE DO NOT ATTEMPT TO USE CYATODAY.COM. IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CONTACT HELP@CYATODAY.COM. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTY AND LIABILITY AND A BINDING ARBITRATION PROVISION FOR THE FINAL RESOLUTION OF ANY DISPUTES, CLAIMS, CONTROVERSIES, CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS USER AGREEMENT, CYATODAY.COM, OR CYA’S PRODUCTS.

1. Changes to this Agreement. CYA may amend, modify or suspend this Agreement or any service at any time without liability by posting the amended terms on this website. The amended or modified terms are effective automatically thirty days after they are initially posted on CYATODAY.COM. Each time you log on to CYATODAY.COM, you will be deemed to review any changes made to this Agreement.

2. Disclaimer. No product, advice, or information, whether oral or written, obtained by any user or customer through CYATODAY.COM, CYA’s 800 number, or from any other means shall create any warranty. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, CYA DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING ANY SERVICE PROVIDED ON CYATODAY.COM. CYA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. EACH USER OF ANY PRODUCT OR SERVICE ON CYATODAY.COM EXPRESSLY AGREES THAT SUCH USE IS AT THEIR SOLE RISK. THERE IS NO WARRANTY THAT ANY SERVICE OR PRODUCT PROVIDED FOR SALE ON CYATODAY.COM WILL MEET ANY SPECIFIC REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. Please note that since some jurisdictions may not allow the exclusion of implied warranties, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of limited warranties.

3. Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL CYA, ITS AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT/INDIRECT PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM ANY ITEM OR SERVICE PURCHASED OR OBTAINED FROM CYA OR THE USE OF OR INABILITY TO USE THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The above limitation may not apply if the jurisdiction in which you reside does not allow the exclusion of liability for incidental or consequential damages. Liability will be limited to the fullest extent permitted by law.

4. Assignment. CYA may assign it’s rights and obligations under this Agreement and upon such assignment CYA will be relieved of any further obligation hereunder.

5. Governing law. CYA’s acceptance of your request and the performance of such Agreement will occur in St. Louis, Missouri. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflict of laws provisions.

6. Notices. Any notice required by this Agreement or any governing law shall be given to CYA at Help@CYATODAY.COM.

7. Waiver; survival of claims. Any failure on the part of CYA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such operator in writing. ANY DISPUTE, CLAIM, CONTROVERSY, OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY GOODS OR SERVICES PURCHASED THROUGH OR PROVIDED BY CYA MUST COMMENCE WITHIN ONE YEAR AFTER SUCH DISPUTE, CLAIM, CONTROVERSY, OR CAUSE OF ACTION AROSE, OTHERWISE SUCH DISPUTE, CLAIM, OR CAUSE OF ACTION IS PERMANENTLY BARRED.

8. Dispute Resolution. EACH USER ACKNOWLEDGES AND AGREES THAT ANY DISPUTE, CLAIM, CONTROVERSY OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY GOODS OR SERVICES PURCHASED THROUGH OR PROVIDED BY CYA SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION IN ST. LOUIS COUNTY, MISSOURI UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND THAT THEY RELINQUISH THEIR RIGHT TO LITIGATE THROUGH THE PUBLIC JUDICIAL SYSTEM AS PROVIDED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1, et seq. ANY SUCH DISPUTE, CLAIM, CONTROVERSY OR CAUSE OF ACTION SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY DISPUTE, CLAIM, CONTROVERSY OR CAUSE OF ACTION OF ANY OTHER PARTY. THE DISPUTE RESOLUTION PROCEDURES DESCRIBED IN THIS PARAGRAPH SHALL EXCLUSIVELY CONTROL ALL DISPUTES BETWEEN OR AMONG ANY BUYER OR SELLER ARISING FROM THE SALE OR PURCHASE OF ANY ITEM IN WHICH THE PARTIES TO SUCH TRANSACTION UTILIZE THE SERVICES PROVIDED ON CYA. THE JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT LOCATED ST. LOUIS COUNTY, MISSOURI. ANY PARTY TO THIS AGREEMENT MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN ST. LOUIS COUNTY, MISSOURI NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF SUCH PARTY PENDING THE COMPLETION OF ARBITRATION. IN CONNECTION HEREWITH EACH BUYER AND SELLER IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN ST. LOUIS COUNTY, MISSOURI.

9. Use of the CYATODAY.COM site. You may not use this site for commercial purposes or in any manner that is unlawful or which harms CYA. You may not use this site for any legal purpose or in any manner that could damage, disable, impair, or disrupt any other parties use and enjoyment of this site.

10. Copyright and trademark notices. All content on CYATODAY.COM are copyright © 2004 Catalog Your Assets LLC and/or it suppliers.

11. Copyright infringement notices. Notifications of any claim copyright infringement should be sent to Patrick J. Whalen at Spencer Fane Britt & Browne LLP, 1000 Walnut, Suite 1400, Kansas City, MO 64106.

12. Privacy. To review the privacy statement of CYATODAY.COM, please click here.

13. Entire Agreement. Unless otherwise specified herein, this Agreement and the other rules and procedures on the side and referred to herein constitute the sole exclusive and complete agreement between any user and CYA and supersede all other oral or written agreements between the parties with respect to the subject matter addressed herein. RETURN POLICY You may return any item sold by CYA within 30 days of delivery for full replacement upon proof that the product is defective for any reason. We cannot accept returns of any items more than 30 days after delivery.