LVM Capital Management, Ltd. ("LVM") maintains this Web site www.lvmcapital.com (the "Site") as a service to our customers (collectively, "User" or "you"). By using this Site, User agrees to accept and abide by the Terms and Conditions of Use set forth in and to comply with all applicable laws and regulations. If User does not agree to accept and abide by these Terms and Conditions of Use, do not use this Site. LVM may revise or modify these Terms and Conditions of Use from time to time and post such revisions or modifications on this page. Continued use of this Site after any such revision or modification constitutes User's acceptance of the Terms and Conditions of Use as so revised or modified.

 

• LAWS AND REGULATIONS. User is access to this Site is subject to any and all applicable federal, state and local laws and regulations.

 

• COPYRIGHT. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of LVM or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of LVM and is protected by United States and international copyright laws. All software used on this Site is the property of LVM or its software suppliers and is protected by United States and international copyright laws.

 

• OWNERSHIP/LIMITED LICENSE. LVM owns all information, content, materials, and other items on this Site (collectively the "LVM Materials"). Subject to these Terms and Conditions of Use, LVM grants User a limited, non-exclusive, non-transferable, revocable right to view, print and use this Site and the LVM Materials provided herein. LVM authorizes User to view and use this Site solely for User's own internal recreational and business purposes. This limited authorization is not a transfer of title in or to the LVM Materials, and User further agrees to the following restrictions: (i) User must retain all copyright, trademark and other proprietary notices contained in the LVM Materials; (ii) User may not modify the LVM Materials in any way or reproduce or publicly display them; and (iii) User must not transfer the LVM Materials to any other person or third party unless such person or third party agrees to accept and abide by these Terms and Conditions of Use. User agrees to comply with all applicable copyright, trademark, and other intellectual property laws in using this Site. Except for the limited license provided herein, User does not acquire any ownership interest, express or implied, under any patents, trademarks, copyrights or trade secret information viewed through this Site. Users of this Site are prohibited from modifying, copying, distributing, displaying, creating derivative works or using any of the LVM Materials on this Site for commercial or public purposes.

 

• NO WARRANTIES/DISCLAIMER. This site and the LVM materials are provided on an "as is" basis and as such this site and the LVM materials may contain inaccuracies and typographical errors. LVM does not warrant the accuracy or completeness of the LVM materials or any opinion, advice or statement displayed on this site. You expressly agree that your use of this site is at your sole risk. To the fullest extent permissible by applicable law, LVM disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. LVM does not warrant that this site, its services or e-mail sent from LVM are free of viruses or other harmful components. LVM will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion of limitations of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

 

• DOWN TIME. LVM takes all commercially reasonable measures to ensure that this Site is available without interruption, except for any scheduled down time needed to help maintain effective operation of this Site. However, difficulties with hardware, software and equipment and services supplied by others may result in service interruptions. In such cases, LVM will take those measures that it deems reasonable to accommodate the interests of its users. In no event will LVM be liable to any party for any loss, cost or damage that results from any period of down time suffered by this Site.

 

• REGISTRATION/PERSONAL INFORMATION. User may have the opportunity to provide certain personal information to access certain portions of this Site. The collection or use of such personal information shall be governed in accordance with LVM's Privacy Policy.

 

• LINKS. LVM may provide hyperlinks on this Site that link to other Web sites. If User links to these sites, User will leave this Site and User does so at User's own risk. LVM makes no warranty or representation regarding any linked Web sites or the information appearing on such linked sites. The links do not imply that LVM sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in the linked sites. LVM prohibits caching, unauthorized hypertext links to this Site, or the framing of any LVM Materials available on this Site. As such, LVM reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the materials available on any other Web site linked to this Site. Users should be aware that linked sites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the provisions of this Site. LVM is not responsible for such policies and expressly disclaims any and all liability related to such policies.

 

• LIMITATIONS OF DAMAGES. In no event shall LVM, its parent, subsidiaries, affiliates, officers, directors employees, and/or shareholders have any liability hereunder to any user or any third party for any direct, indirect, special, consequential or other damages (including, without limitation, any damages for loss of business, loss of profits, loss of information, litigation, or the like) that are related to the use of the LVM materials and this site and that are based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if LVM is advised of the possibility of such damages. The limitations on damages set forth above are fundamental elements of the bargain between LVM and user regarding use of this site. This site and the LVM materials would not be provided to user without such limitation on damages.

 

• DISPUTES. Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in Kalamazoo, Michigan, except that, to the extent you have in any manner violated or threatened to violate LVM's intellectual property rights, LVM may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

• GENERAL. User agrees to review these Terms and Conditions of Use prior to reviewing any information from this Site. Any cause of action User may have with regard to the use of this Site must be instituted within one (1) year after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of this Agreement to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of this Agreement shall be separately enforced.