THIS AGREEMENT (the "Agreement") is made and entered into by and between 1) the store owner, d/b/a TorC Ceramics (hereinafter termed "TorC Ceramics"), 2) the owner of the website, d/b/a Southwest Silhouettes (hereinafter termed "Southwest Silhouettes"), and 3) any individual, corporation, association, agency, company, or other entity that accesses or uses the web domain TorCCeramics.com ("you" or the "User").

TorCCeramics.com is a World Wide Web domain name and store (known as TorCCeramics.com) owned by TorC Ceramics, a sole propietorship.  Its operating functions are and continue to be facilitated by website framework, under the Internet domain, which is solely owned by Southwest Silhouettes, a sole propietorship.  This website's retail business purpose is to offer to the public (hereinafter termed "Users") the opportunity to view and purchase a variety of molded ceramic pieces [some of which are finished for immediate indoor and outdoor use].

1.1 Access To TorCCeramics.com

You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access TorCCeramics.com, and you are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing TorCCeramics.com.

1.2 User Conduct

You agree to access and use TorCCeramics.com only for lawful purposes. You are solely responsible for the knowledge of, and adherence to, any and all laws, rules and regulations pertaining to (i) your use of TorCCeramics.com, (ii) the use of any networks or other services connected to TorCCeramics.com, and (iii) the communications means by which you connect your modem, computer, or other equipment to TorCCeramics.com. By accessing TorCCeramics.com, you specifically agree that you will NOT:

1) Restrict or inhibit any other User from using and enjoying any interactive features;

2) Upload, post, e-mail or otherwise transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, rule or regulation;

3) Upload, post, e-mail or otherwise transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;

4) Upload, post, e-mail or otherwise transmit any information, software, or other material which contains a virus or other harmful component;

5) Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that may be designated for such purpose;

6) Alter, damage or delete any Content or other communications that are not your own Content, or otherwise interfere with the ability of others to access TorCCeramics.com;

7) Disrupt the normal flow of communication in any Interactive Areas;

8) "Stalk" or otherwise harass another User of the service;

9) Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such relationship or speak; or violate any operating rule, policy or guideline of your Internet access provider or online service.

2.1 TorCCeramics.com Content

You acknowledge that Content on TorCCeramics.com is generally provided by the Internet domain, TorCCeramics.com, individual contributors of Content ("Contributors"), third party licensees, and other Users. You acknowledge that TorCCeramics.com permits access to: Content solely owned by Southwest Silhouettes that is protected by copyrights, trademarks and other proprietary rights including intellectual property rights (collectively, "Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed, and that except as is specifically provided below, your use of this Content shall be governed by applicable laws governing the use of intellectual property.

You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display, or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided.  However, you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, and (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "TorCCeramics.com" and its URL address. You acknowledge that  Southwest Silhouettes, and its Contributors, remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.

2.2 Content Provided By User

Any Content submitted with the consent of an Intellectual Property Rights owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be you or a third party, has expressly granted to TorCCeramics.com, TorC Ceramics, and/or to Southwest Silhouettes the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit TorCCeramics.com, TorC Ceramics, and/or Southwest Silhouettes to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.

You acknowledge that TorCCeramics.com may include various Interactive Areas. These Interactive Areas allow feedback to TorCCeramics.com, as a whole, and real-time interaction between Users. You further understand that TorCCeramics.com does not control the messages, information, or files delivered to such Interactive Areas, and that TorCCeramics.com may offer you and other Users the capability of creating and managing an Interactive Area. However, neither TorCCeramics.com or Southwest Silhouettes, their parent, subsidiary or affiliate companies, nor their respective directors, officers, employees or agents, are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that TorCCeramics.com cannot, and does not intend to, screen communications in advance. Moreover, because TorCCeramics.com encourages open and candid communication in the Interactive Areas, TorCCeramics.com cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. TorCCeramics.com is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that TorCCeramics.com has the right to monitor any Interactive Area at any time and to disclose any information as necessary (i) to satisfy any law, regulation, rule or other governmental request or requirement, (ii) to operate the Interactive Area, or (iii) to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, TorCCeramics.com may investigate the allegation and determine in its sole discretion whether to remove, or request the User to remove, such Content. TorCCeramics.com reserves the right to prohibit conduct, communication or Content with an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, that TorCCeramics.com deems in its sole discretion (i) violates the then-standard provisions of this Agreement or any other standard or policy in effect at the time, (ii) is harmful to the rights of any User, TorCCeramics.com, or third parties, (iii) violates applicable law or regulation, or (iv) is otherwise objectionable.

Your only right with respect to dissatisfaction with any policies, guidelines, or practices of TorCCeramics.com, or with any change in Content, is for you to discontinue accessing TorCCeramics.com via Internet. TorCCeramics.com may terminate or temporarily suspend your access to all or any part of the TorCCeramics.com site without notice for conduct that TorCCeramics.com believes is a violation of this Agreement or any policies or guidelines posted by TorCCeramics.com, or for other conduct which TorCCeramics.com believes, in its sole discretion, is harmful to TorCCeramics.com or to other Users. TorCCeramics and/or Southwest Silhouettes may discontinue operating the TorCCeramics.com website at any time, and thus terminate this Agreement, without notice at any time and for any reason or no reason, in its sole discretion. In the event this Agreement is terminated, you are no longer authorized to access the TorCCeramics.com site, including any Interactive Areas, and the restrictions imposed on you regarding Content downloaded from TorCCeramics.com, as well as the disclaimers and limitations of liabilities contained in this Agreement, shall survive its termination as a business.

5.1 Links

You understand that except for Content, products or services expressly available at TorCCeramics.com, as owned by TorC Ceramics or Southwest Silhouettes, neither TorCCeramics.com, its parent, subsidiary or affiliate companies or their respective directors, officers, employees or agents control, provide or are responsible for any Content, goods or services available through sites on the Internet linked to or from TorCCeramics.com. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of TorCCeramics.com or controlled by TorCCeramics.com. TorCCeramics.com neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from TorCCeramics.com, and your use thereof is solely at your own risk. Additionally, neither TorCCeramics.com, its owners and contributors, its parent, subsidiary or affiliate companies or their respective directors, officers, employees or agents are or shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from TorCCeramics.com or your inability to access the Internet or any site linked to or from TorCCeramics.com.

5.2 Disclaimer of Warranties.

Please use your best judgment in evaluating all information contained or expressed on TorCCeramics.com. TorCCeramics.com does not endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor or third party. YOU EXPRESSLY AGREE THAT YOUR USE OF TORCCERAMICS.COM IS AT YOUR SOLE RISK. NEITHER TORCCERAMICS.COM NOR ANY PARENT, SUBSIDIARY OR AFFILIATE COMPANY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANT THAT TORCCERAMICS.COM OR ANY INTERNET SITE LINKED TO OR FROM TORCCERAMICS.COM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TORCCERAMICS.COM OR ANY INTERNET SITE LINKED TO OR FROM TORCCERAMICS.COM OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH TORCCERAMICS.COM OR ANY SITE LINKED TO OR FROM TORCCERAMICS.COM. TORCCERAMICS.COM IS PROVIDED ON AS "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5.3 Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL TORCCERAMICS.COM, ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING IN CONNECTION WITH THIS AGREEMENT, TORCCERAMICS.COM, OR ANY INTERNET SITE LINKED TO OR FROM TORCCERAMICS.COM, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR OR MALFUNCTION, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT DESTRUCTION, ALTERATION OR USE OF, RECORDS.

UNDER NO CIRCUMSTANCES SHALL TORCCERAMICS.COM, ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED IN TORCCERAMICS.COM SITE OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM TORCCERAMICS.COM. THE CONTENT CONTAINED IN THE TORCCERAMICS.COM SITE AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM TORCCERAMICS.COM MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT AND WILL BE INCORPORATED IN NEW OR UPDATED VERSIONS OF THE TORCCERAMICS.COM SITE. TORCCERAMICS.COM AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER TORCCERAMICS.COM NOR ANY PARENT, SUBSIDIARY OR AFFILIATE COMPANY, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ARE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY TORCCERAMICS.COM CONTENT OR WITH THIS ACCESS AGREEMENT, WHETHER IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TORCCERAMICS.COM.

You agree to indemnify and hold harmless TorCCeramics.com, its owners and contributors, its parent, subsidiary and affiliate companies and their respective directors, officers, employees and agents from and against any and all liabilities, claims and expenses, including reasonable attorneys' fees, arising under, in connection with, or in any way related to this Agreement and any other policy of TorCCeramics.com, your use of TorCCeramics.com, as a whole, or any Internet site linked to or from TorCCeramics.com, and the transmission of any Content on TorCCeramics.com.

This Agreement is the entire agreement between TorCCeramics.com, TorC Ceramics, Southwest Silhouettes, and you concerning the subject matter hereof, and it supersedes all written and oral prior and contemporaneous agreements or negotiations concerning the subject of your access to and use of TorCCeramics.com as a World Wide Web domain. TorCCeramics.com may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision on TorCCeramics.com. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing TorCCeramics.com. Your continued accessing and use of TorCCeramics.com following notice of any such revision shall conclusively be deemed acceptance of all such revisions. If any provision of this Agreement or any other policy is held by a court to be invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of TorCCeramics.com and you, and the remaining portions will continue in full force and effect. The failure of TorCCeramics.com to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico. This Agreement is personal to you, and you may not assign your rights or obligations hereunder to anyone.