Shamrock Mining & Metals

TERMS AND CONDITIONS

AGREEMENT BETWEEN USER AND Shamrock Mining & Metals, LLC

The Shamrock Mining & Metals Web Site is comprised of various Web pages operated by Shamrock Mining & Metals, LLC
and it's partners.

The Shamrock Mining & Metals, LLC Web Site is offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the Shamrock Mining & Metals, LLC Web Site constitutes your
agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Shamrock Mining & Metals, LLC reserves the right to change the terms, conditions, and notices under which the Shamrock
Mining & Metals, LLC Web Site is offered, including but not limited to the charges associated with the use of the Shamrock
Mining & Metals, LLC Web Site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Shamrock Mining & Metals, LLC Web Site, you warrant to Shamrock Mining & Metals, LLC
that you will not use the Shamrock Mining & Metals, LLC Web Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Shamrock Mining & Metals, LLC Web Site in any manner which could
damage, disable, overburden, or impair the Shamrock Mining & Metals, LLC Web Site or interfere with any other party’s use
and enjoyment of the Shamrock Mining & Metals, LLC Web Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through the Shamrock Mining & Metals, LLC
Web Sites.

LINKS TO THIRD PARTY SITES

The Shamrock Mining & Metals, LLC Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are
not under the control of Shamrock Mining & Metals, LLC and Shamrock Mining & Metals, LLC is not responsible for the
contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. Shamrock Mining & Metals, LLC is not responsible for webcasting or any other form of transmission received
from any Linked Site. Shamrock Mining & Metals, LLC is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Shamrock Mining & Metals, LLC of the site or any association with its
operators.

USE OF COMMUNICATION SERVICES

The Shamrock Mining & Metals, LLC Web 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:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of
others.
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information.
3. 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.
4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation
of another’s computer.
5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service
specifically allows such messages.
6. Conduct or forward surveys, contests, pyramid schemes or chain letters.
7. 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.
8. 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.
9. Restrict or inhibit any other user from using and enjoying the Communication Services.
10. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
12. Violate any applicable laws or regulations.

Shamrock Mining & Metals, LLC has no obligation to monitor the Communication Services. However, Shamrock Mining &
Metals, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its
sole discretion. Shamrock Mining & Metals, LLC reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.

Shamrock Mining & Metals, LLC 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 Shamrock Mining & Metals, LLC’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any
Communication Service. Shamrock Mining & Metals, LLC does not control or endorse the content, messages or information
found in any Communication Service and, therefore, Shamrock Mining & Metals, LLC 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 Shamrock Mining & Metals, LLC spokespersons, and their views do not necessarily
reflect those of Shamrock Mining & Metals, LLC.

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 download the materials.

MATERIALS PROVIDED TO Shamrock Mining & Metals, LLC OR POSTED AT ANY Shamrock Mining & Metals, LLC WEB
SITE

Shamrock Mining & Metals, LLC does not claim ownership of the materials you provide to Shamrock Mining & Metals, LLC
(including feedback and suggestions) or post, upload, input or submit to any Shamrock Mining & Metals, LLC Web Site or its
associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your
Submission you are granting Shamrock Mining & Metals, LLC, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet 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. Shamrock Mining & Metals,
LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in
Shamrock Mining & Metals, LLC’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.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
Shamrock Mining & Metals, LLC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Shamrock Mining & Metals, LLC AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Shamrock Mining & Metals, LLC WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE Shamrock Mining & Metals, LLC WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Shamrock Mining & Metals, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE Shamrock Mining & Metals, LLC WEB SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. Shamrock Mining & Metals, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Shamrock Mining & Metals, LLC
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Shamrock Mining & Metals, LLC WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
Shamrock Mining & Metals, LLC WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE Shamrock Mining & Metals, LLC WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
Shamrock Mining & Metals, LLC WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF Shamrock Mining & Metals, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Shamrock Mining & Metals, LLC WEB SITE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Shamrock Mining & Metals, LLC WEB SITE.

SERVICE CONTACT: info@SHAMROCKMM.COM

TERMINATION/ACCESS RESTRICTION

Shamrock Mining & Metals, LLC reserves the right, in its sole discretion, to terminate your access to the Shamrock Mining &
Metals, LLC Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Utah, U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of courts in Utah County, Utah, U.S.A. in all disputes arising out of or relating to the use of
the Shamrock Mining & Metals, LLC Web Site. Use of the Shamrock Mining & Metals, LLC Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and
Shamrock Mining & Metals, LLC as a result of this agreement or use of the Shamrock Mining & Metals, LLC Web Site.
Shamrock Mining & Metals, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Shamrock Mining & Metals, LLC’s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Shamrock Mining & Metals, LLC Web Site or
information provided to or gathered by Shamrock Mining & Metals, LLC 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 the user and Shamrock Mining & Metals, LLC with respect to the Shamrock Mining & Metals, LLC Web Site and it
supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the
user and Shamrock Mining & Metals, LLC with respect to the Shamrock Mining & Metals, LLC Web 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 an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all
related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Shamrock Mining & Metals, LLC Web Site are: Copyright © 2004, 2005, 2006 Shamrock Mining &
Metals, LLC and/or its suppliers and partners. All rights reserved.

TRADEMARKS

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

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any
real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND 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. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.