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Terms of Services

Welcome to Beyondbond. You must agree to the terms set forth in this Agreement to continue the Registration and to use the Beyondbond Web site.

1. You represent that you have read and agree to be bound by the terms and conditions of this Agreement ("Agreement") with www.beyondbond.com. You agree to comply with U.S. law regarding the transmission of any data obtained from the Site (as defined herein) in accordance with the Agreement, not to use the Site for illegal purposes, and not to interfere or disrupt networks connected to the Site.

2. You are granted limited right to utilize the Site in accordance with the Agreement. You acquire no additional rights or licenses in or to the Site and materials contained within the Site. If you download content from the Site, you must do so in accordance with the Agreement, and you retain all copyright and other proprietary notices. Such download is licensed to you by Beyondbond ONLY for your own use in accordance with the Agreement and does not transfer any other rights to you.

3. The financial calculators accessible through this site are provided by Beyondbond. The financial market information, news and research (collectively "Information") accessible through this site are prepared by information providers ("Information Providers") that are independent of Beyondbond. Analyst research and opinions ("Research Reports") available through this Web site have been obtained or developed by various third-party investment bankers and other entities (the "Research Providers"). This Web site, including but not limited to Information and Research Report, certain calculators, text, content, photographs, video, audio and graphics (the "Site"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the US and other countries. All individual components and elements making up the Site are properties of Beyondbond, Information Providers, Research Providers, or their licensers and are protected by applicable copyright laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site.

4. You acknowledge that the Site has been developed, compiled, prepared, revised, selected and arranged by Beyondbond and others (including Information Providers and Research Providers and certain other information sources ("Providers")) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Beyondbond and such others. You agree to protect the proprietary rights of Beyondbond and all others having rights in the Site during and after the term of this agreement and to comply with all reasonable written requests made by Beyondbond or its Providers to protect their and others' contractual, statutory and common law rights in the Site. You agree to notify Beyondbond in writing promptly upon becoming aware of any unauthorized access or use of the Site by any party or of any claim that the Site infringes upon any copyright, trademark or other contractual, statutory or common law rights.

5. You agree not to copy, reproduce, transfer, retransmit, disseminate, sell, recompile, decompile, disassemble, reverse engineer, distribute, publish, broadcast, circulate, dispose of, publish, display, perform, modify, upload to, create derivative works from, or commercially exploit the Site or any information, analysis, calculation results, and/or presentation contained in the Site in any manner without the express written consent of Beyondbond and/or Providers and relevant others. Beyondbond reserves the right to terminate your access to the Site in part or in whole, and to take any other action Beyondbond deems appropriate, in its sole discretion, without limitation for any reason whatever including but not limited to breach of this Agreement or discontinuance of Beyondbond's access to any third party content or termination of one or more agreements between Beyondbond and any Providers. You may not use the Site for any illegal purpose or in any manner inconsistent with the Agreement. You may not submit any content that violates intellectual property rights of others or that is defamatory, threatening, or obscene, or is in violation of any applicable Federal, State, or local laws, regulations, or codes.

6. Modification of the Site's content would be a violation of Beyondbond's and Providers' copyright and other proprietary rights. Additionally, you may not offer any part of the Site for sale or distribute it over any other medium including but not limited to over-the-air or cable television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of Beyondbond. The Site and the information contained therein may not be used to construct a database of any kind. Nor may the Site be stored, in its entirety or in any part, in databases for access by you or any third party or to distribute any database services containing all or part of the service. You may not use the Site in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of Beyondbond's trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or are associated with you or are used with Beyondbond's consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. You may not use the Site or the information contained therein in unsolicited mailings or spam material. You will not use any of Beyondbond's trademarks, trade names or service marks in unsolicited mailings or spam material. You may not spam or send unsolicited mailings to any person or entity using the Site.

7. You acknowledge that (a) the Site is provided for information purposes only and is not intended for trading purposes, (b) the Site includes information taken from third party sources, (c) the provision of certain parts of the Site is subject to the terms and conditions of other agreements to which Beyondbond is a party. Neither Beyondbond nor the Providers (a) guarantee the accuracy, suitability, timeliness, completeness or correct sequencing of Calculation Results, the Information or Research Reports, or (b) warrant any results from use of the Calculation Results, Information or Research Reports. Calculation Results, Information or Research Reports have been prepared as of the date(s) indicated and may become unreliable because of subsequent market or economic circumstances. Neither Beyondbond nor Providers are under any obligation to update Information or opinions contained in any Calculation Results, Research Report or continue to offer Information or Research Reports regarding any company or security. From time to time, Beyondbond and/or Providers may be unable to provide Information and/or Research Reports with respect to certain companies with which Beyondbond, Providers, or their respective affiliates have certain business relationships. You acknowledge that the Site and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS". You agree that your use of the Site is at your sole risk and that Beyondbond makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use.

8. Accordingly, anything to the contrary herein set forth notwithstanding, Beyondbond, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Providers, suppliers and agents, and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a)inaccuracies or errors in or omissions from the Site including, but not limited to, quotes, calculations, analysis, and financial data; (b)delays, errors or interruptions in the transmission or delivery of the Site; or (c)loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

9. In no event, including but not limited to negligence, shall Beyondbond, the third party content providers or the research providers or other persons transmitting the information or research reports be liable to you or anyone else for any direct, consequential, incidental, special, punitive, exemplary, or indirect damages (including, but not limited to, lost business, lost profits, trading losses and damages that may result from the use of or the inability to use Site or any links, or any of the Site's individual contents or information or any provision of the Agreement or from inconvenience, delay or loss of use of information or research reports or for omissions or inaccuracies in the information or the research reports on the Site) even if Beyondbond has been advised of the possibility of such damages. As a condition to using the Site, you expressly waive any claim you may have against Beyondbond, any third party information or research provider, or any other person with respect to any information or research report. There is no warranty of merchantibility, no warranty of fitness for a particular use, and no warranty of non-infringement. There is no warranty of any kind, express or implied, regarding the information or the research reports. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Beyondbond's total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this Site.

10. The content of other Web sites, services, goods or advertisements that may be linked to the Site is not maintained or controlled by Beyondbond. Beyondbond is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Site. Beyondbond does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Site, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Site or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Site. Beyondbond is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Site. You understand that Beyondbond and/or third-party contributors to the Site may choose at any time to inhibit or prohibit their content from being accessed under the Agreement.

11. Beyondbond does not warrant that the Site is compatible with your equipment or that the Site is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that Beyondbond, its Providers, and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of Beyondbond, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Site and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Beyondbond by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Site caused by your computer equipment or arising from your use of the Site on such equipment.

12. None of the Information or Research Reports constitutes a recommendation or a solicitation by Beyondbond or a recommendation or solicitation that any particular investor should purchase or sell any particular security in any amount, or at all. The Information and the Research Reports are not and are not intended to provide tax, legal or investment advice. Neither Beyondbond nor any Information or Research Provider assesses for you, or any particular investor, the suitability of any particular investment. Beyondbond does not assess for you, or any particular investor the potential value of any particular investment or the suitability of any Information source or Research Provider. Beyondbond and/or its employees or directors may have positions in securities referenced in Information or Research Reports, and may, as principal or agent, buy from or sell to customers. Consultants to Beyondbond may have, or may have clients with, positions in securities referenced in Information or Research Reports. Beyondbond may perform investment banking or other services for, or solicit such services from, any company mentioned in Information or Research Reports.

13. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted thereunder for any unlawful purpose; and (d) you shall use the Site only as set forth in the Agreement.

14. You agree, at your own expense, to indemnify, defend and hold harmless Beyondbond and its employees, representatives, Providers, suppliers and agents, against any claim, suit, action or other proceeding brought against Beyondbond, its employees, representatives, Providers, suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Beyondbond, its employees, representatives, Providers, suppliers and agents is based on or arises in connection with the Site, or any links on the Site, including, but not limited to: (a) your use or someone using your computer's use of the Site; (b) your use or someone using your account, where applicable; (c) a violation of the Agreement by you or anyone using your computer (or account, where applicable); (d) a claim that any use of the Site by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (e) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or someone using your computer (or account, where applicable); (f) any misrepresentation or breach of representation or warranty made by you contained herein: or (g) any breach of any covenant or agreement to be performed by you thereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

15. Either you or Beyondbond may terminate the Agreement with or without cause at any time and effective immediately. You may terminate the Agreement by discontinuing use of the Site and destroying all materials obtained from the Site. These Agreement will terminate immediately without notice from Beyondbond if you, in Beyondbond's sole discretion, fail to comply with any provision of these Agreement. Upon termination by you or upon notice of termination by Beyondbond, you must destroy promptly all materials obtained from the Site and any copies thereof. Sections two through thirteen (2-13) and fifteen through twenty-two (15-22) shall survive any termination of the Agreement.

16. These Agreement shall be governed and construed in accordance with the laws of the United States and the laws (but not the choice of law doctrines) of the state of New York, regardless of whether you reside or transact business with Beyondbond in New York or elsewhere, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Site or from a dispute as to the interpretation or breach of the Agreement.

17. Beyondbond does not represent that the Site are appropriate or available for use in countries outside the United States. If you choose to access the Site from outside the United States, you are responsible for compliance with applicable foreign and local laws. Software from the Site is further subject to United States export controls and may not be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the US has embargoed goods or (b) to anyone on the US Treasury Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, controlled by or a national or resident of any such country or on any such list.

18. Beyondbond has the right to change the content or technical specifications of any aspect of the Site at any time at Beyondbond's sole discretion. You further accept that such changes may result in your being unable to access or use the Site.

19. If any provision of the Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Agreement will remain in force.

20. The Agreement and any other terms and conditions of service on www.beyondbond.com, and its successor, constitute the entire agreement between you and Beyondbond and govern your use of the Site.

21. As part of the registration and account creation process necessary to obtain access to certain Beyondbond CMO products and services, you will need to select a log-in identification ID and a password. If so, you will provide Beyondbond with certain registration information, all of which must be accurate and updated. You shall not (i) select a log-in ID already used by another person; (ii) use a log-in ID in which another person has rights without such person's authorization; or (iii) use a log-in ID or password that Beyondbond, in its sole discretion, deems offensive, misleading, or inappropriate. You shall be solely responsible for maintaining the confidentiality of your log-in ID and password. You shall immediately notify Beyondbond at feedback@beyondbond.com of any known or suspected unauthorized use(s) of your log-in account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password, registration, or credit card information, if applicable. You are solely responsible for all usage or activity on your Beyondbond account, including but not limited to use of the account by any third party authorized by you to use your log-in ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Beyondbond's sole discretion, and Beyondbond may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to feedback@beyondbond.com Upon termination, you will receive an confirmation via e-mail that the request was received, and your account will be terminated within four (4) business days. You are responsible for all charges, if any, incurred up to the time the account is terminated.

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