BlueStem Enterprises, LLC
TERMS OF USE
(1)  Your Use &/Or Visitation Constitutes Agreement To Be Bound

By using this Web site {hereinafter referenced as “WEB SITE” and/or “SITE”}, whether actively or passively
{by, e.g., merely visiting or browsing}, which is owned by
BlueStem Enterprises, LLC {hereinafter referenced as
“BLUESTEM” and/or “COMPANY”}, you agree to be bound by all terms, conditions and notices, without  
modification, contained or referenced herein (the “Terms Of Use”) and the
Privacy Statement. COMPANY
reserves the right to change or discontinue any feature of the SITE, including but not limited to the Terms Of Use,
at any time, by posting revisions onto the SITE. You agree to be deemed apprised and bound by any changes to
these Terms Of Use and your continued passive and/or active use of the SITE indicates your agreement to be so
bound. You also agree to review this information from time to time as may be required to keep informed of any
revisions.

(2)  Links To Third Party Sites & Services

The SITE contains links to and from Web sites operated by third parties. COMPANY makes no representations
whatsoever about any third-party content that you may access from the SITE or about any content of a third-
party of a Web site from which you may access the SITE and/or which may be linked to this SITE. COMPANY
provides third-party content and links only as a courtesy to our users, and such links/content do not imply
COMPANY’s endorsement of any linked site/content. The linked sites/content are not under COMPANY’s
influence or control, and COMPANY is not responsible for any third-party content or the contents of any linked
site or subsequent links from that site. COMPANY’s
Privacy Statement is only applicable when you are on this
SITE. Please review the linked site’s use agreements and privacy policies, and if you do not agree to be bound by
the terms, we recommend that you terminate your use of that service or your visit to the site in question.

(3)  Intellectual Property

You acknowledge that all content and materials available on this SITE, including the selection, coordination,
arrangement and enhancement of such content as well as content original to it are protected by national and
international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how
and/or other proprietary rights and laws and are owned by COMPANY or its licensors or COMPANY has
obtained the necessary permission of the owner of the intellectual property in such content to use the content on
our SITE.

Unless otherwise indicated, all logos, names, package designs and marks on the SITE are trademarks or service
marks of, or used under license by, COMPANY. The use or misuse of any of these materials is strictly prohibited.

COMPANY, its licensors or associates retain exclusive ownership of all data, material and other information
regarding your use of the SITE.

(4)  Lawful Use

You agree to use the SITE or its contents for lawful purposes and only as expressly permitted in this Terms of
Use and for no other purpose. Except where otherwise noted, you may download, print or view individual pages
for non-commercial use only, provided you do not delete or change any of the information, including copyright or
trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit or create derivative works from the content or materials on the SITE or otherwise in any way exploit any of
the content of the SITE, in whole or in part. Systematic retrieval of data or other content from the SITE to create
or compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without
our written permission is strictly prohibited. You agree that you will not post or transmit through the SITE any
material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law,
or which, without the express prior approval of COMPANY, contains advertising or any solicitation with respect
to products or services. You also agree not to post any material protected by copyright, trademark or other
proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary
rights and the burden of determining that any material is not protected by copyright rests with you. Any conduct
by you that in our discretion restricts or inhibits any other user from using or enjoying the COMPANY’s SITE
will not be permitted.

(5)  User’s Grant of License

By posting or submitting content to the SITE, you grant COMPANY and any of its national and/or global
licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any
form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the
rights to the content you post or submit to the SITE and that our public posting and use of your content will not
infringe or violate the rights of any third party. COMPANY retains the right to monitor, edit or otherwise change
your posting or other content submitted to the SITE without your permission.


(6)  DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED
“AS IS” AND “AS AVAILABLE” FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY
CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. COMPANY DOES NOT IN ANY
WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN
THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER APPLICABLE LAW. NEITHER COMPANY, NOR ITS PARTNERS, AND
THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS,
CONSULTANTS, CONTRACTORS OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT
OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE,
RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU
WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR
RECOMMENDATIONS ON THE SITE.

UNDER NO CIRCUMSTANCES SHALL COMPANY, NOR ITS PARTNERS, AND THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS
OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM
INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

COMPANY AND ITS RESPECTIVE PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS,
SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, DO NOT PROVIDE
LEGAL, ACCOUNTING, TAX OR FINANCIAL ADVICE AND, THEREFORE, NO INFORMATION
CONTAINED IN THIS SITE SHALL BE CONSTRUED AND/OR RELIED UPON AS SUCH.

(7)  Use Of Communications Services

The SITE may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, “Communication Services"), you agree to use the Communication Services
only to post, send and receive messages and material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity)
of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the
operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should
know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication
Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

COMPANY has no obligation to monitor the Communication Services. However, COMPANY reserves the right
to review materials posted to a Communication Service and to remove any materials in its sole discretion.

COMPANY reserves the right to terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.

COMPANY reserves the right at all times to disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in COMPANY’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any
Communication Service. COMPANY does not control or endorse the content, messages or information found in
any Communication Service and, therefore, COMPANY specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any Communication Service.

Managers and hosts are not authorized spokespersons of or for COMPANY, and their views do not necessarily
reflect those of COMPANY.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction
and/or dissemination. You are responsible for adhering to such limitations if you upload or download the materials.

(8) Materials Provided To Company Or Posted At Any Site Of The Company

COMPANY does not claim ownership of the materials you provide to COMPANY (including feedback and
suggestions) or post, upload, input or submit to any SITE of the COMPANY or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your
Submission you are granting COMPANY, its affiliated companies and necessary sub-licensees permission to use
your Submission in connection with the operation of their businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. COMPANY is
under no obligation to post or use any Submission you may provide and may remove any Submission at any time
in COMPANY’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

(9)  Indemnification

You agree to defend, indemnify, and hold COMPANY and its partners and their respective employees, officers,
directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims
and expenses, including attorney’s fees, that arise from your use or misuse of the SITE or the Content therein,
including without limitation your violation of the Terms Of Use herein. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which
event you will cooperate with us in asserting any available defenses.

(10)  Monitoring Content

COMPANY shall have the right, but not the obligation, to monitor the content of the SITE, including that of any
chat rooms and forums, to determine compliance with these Terms Of Use and any operating rules established by
COMPANY and to satisfy any law, regulation or authorized government request. COMPANY shall have the
right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the SITE
without your permission. Without limiting the foregoing, COMPANY shall have the right to remove any material
that COMPANY, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Notwithstanding the foregoing, COMPANY is not responsible for the content that you or any user posts on any
forum on the SITE and your reliance on any such content is solely at your own risk.

(11)  Local Laws

By choosing to access the SITE from any location other than the United States of America or Canada, you accept
full responsibility for compliance with all applicable local laws. COMPANY makes no representation that
materials on the SITE are appropriate or available for use in locations outside the United States or Canada, and
accessing them from territories where their contents are illegal is prohibited.

(12)  Security Precautions

The services and information provided are protected using industry standard security precautions. It is up to you
to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to
adequately protect your confidential information. COMPANY may provide information regarding Security and
Privacy in its
Privacy Statement. However, that document is provided as a guideline only, and it is up to the user
to remain current and exercise care when using the Internet. You should seek professional advice on protecting
your privacy and evaluating the security of the information systems you are using.

(13)  Choice of Law

The Terms Of Use set forth herein shall be construed in accordance with the laws of the State of Iowa, without
regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these
Terms Of Use or your use of the SITE shall be filed only in the courts of the State of Iowa, and you further agree
and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or
action.

(14)  Integration and Severability

These Terms Of Use and our Privacy Statement constitute the entire agreement between COMPANY and you
with respect to the SITE and supersedes all prior or contemporaneous communications and proposals between us
with respect to the SITE. If any provision of said entire agreement is determined to be invalid or unenforceable, all
other provisions shall remain in full force and effect. The section headings used herein are for convenience only
and shall not be given any legal import.

(15)  Unauthorized Use and Restriction / Termination Of Right To Access Any Or All Of Site

COMPANY reserves the right, in its sole discretion, to restrict or terminate your access to all or any part of
COMPANY’s SITE and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Iowa, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of the courts of the State of Iowa, U.S.A. in all disputes arising out
of or relating to the use of the COMPANY’s SITE. Use of the SITE is unauthorized in any jurisdiction that does
not give effect to all provisions of this agreement, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between you and COMPANY as a result of
this agreement or use of the SITE. COMPANY’s performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of COMPANY’s right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the SITE or information
provided to or gathered by COMPANY with respect to such use. 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. Unless otherwise specified herein, this agreement constitutes the entire
agreement between you and COMPANY with respect to the SITE and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and COMPANY with
respect to the SITE. 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. It is the express wish of the parties that this agreement and all related documents be drawn up in
English.

(16)  Privacy and Disclosure

You have read and accept the terms and provisions of our Privacy Statement.

(17)  Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

(18)  Notices & Procedure For Making Claims Of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under
United States copyright law should be sent to Service Provider's Designated Agent.

(19)  Copyright & Trademark Notices

All contents of the COMPANY’s SITE are the copyright of BlueStem Enterprises, LLC and/or its affiliates,
suppliers or other third parties from whom the appropriate authorization and/or license(s) have been obtained. All
Rights Reserved.
© 2010 BlueStem Enterprises, LLC. All Rights Reserved.
BlueStem Enterprises, LLC
1565 280th Street
Webster City, IA 50595
515.832.2992
cindy@bluestemorganics.com
www.bluestemorganics.com