Intrepid Technology and Resources, Inc. (Intrepid), agrees to allow you access to its website ("Website") conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document ("Terms of Use"). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Intrepid reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Website.

Intellectual property and restrictions on use of

Content on the Website

All information, text, material, graphics, software and advertisements on the Website ("Content") are Copyright © 2002 Intrepid, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by the United States of America and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorized in writing by Intrepid. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may use an industry-standard Web browser, download and view the Content for your personal use. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Intrepid or which is prohibited by the Terms of Use.

User license to Intrepid

By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Intrepid a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:

1. Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and

2. Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favor of Intrepid and any other party authorized by Intrepid all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Intrepid, you will execute and deliver to Intrepid such instruments and take such other actions as may be required to carry out this grant of license and waiver.

Links to third party websites

The Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Intrepid, and Intrepid is not responsible for the contents of any linked web or any hyperlink contained in a linked website. Intrepid provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Intrepid. You link to any such website entirely at your own risk.

Disclaimer and limitation of liability

The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Intrepid of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). Intrepid does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) Intrepid and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Intrepid does not warrant that the functions contained in any Content or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) Intrepid does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not Intrepid) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of Intrepid) will Intrepid be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content.

To the fullest extent permitted by law, Intrepid's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Intrepid to, in the case of services supplied or offered by Intrepid, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Intrepid (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by Intrepid, and Intrepid may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorized to access the Website, but all restrictions imposed on you, licenses granted by you and all Intrepid disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

Intrepid relies on your continued observance of these Terms of Use. If Intrepid suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Intrepid for those losses, damages and costs.

This agreement will be governed by and construed in accordance with the laws of the state of Idaho and the United States of America. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the state of Idaho and the United States of America. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.

All rights not expressly granted herein are reserved.