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EPN Investment Management

5250 Old Orchard Road, Suite 300

Skokie, IL 60077

Fax: +1-312-915-0691

www.epngroup.com


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The following terms and conditions govern your use of this Site owned and operated by EPN Investment Management, LLC. (“EPN”). By entering this web site (the “Site”) accessing, browsing and using this Site, or downloading any materials from it or using any services provided by or through it you agree that you have read and understood these terms and conditions and signify your agreement to be bound by them, including all Terms and Conditions contained or referenced herein and any subsequent changes to the foregoing, and to comply with all applicable laws and regulations regarding the use of this Site. If you do not agree to these Terms and Conditions or any subsequent modification, please do not access, browse or use this Site.

EPN reserve the right, at its sole discretion, to update, change or revise these Terms and Conditions at any time. Any such changes shall be effective immediately upon notice thereof, which may be given by any means including posting on the Website, or by any other means by which Users obtain notice thereof. Users' use of the Service after any such notice shall be deemed to constitute Users' acceptance of any such changes. Therefore, please check the Terms periodically for changes.

These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with EPN or its subsidiaries or affiliates for other products or services.

Definitions

All capitalized terms contained herein shall have the meaning ascribed for then hereunder or as thereafter defined in this Terms and Conditions:

“Materials” or “Content” - any contents, materials, text, documents, forms, information, data, know-how, descriptions, listings (including, without limitation, product and/or services listings or descriptions), figures and/or dates (including, without limitation, plot sizes and/or project details, project status or opening dates), contact information, links, publications, presentations, massages, images, graphics, logos, symbols, design, drawings, graphics, pictures, icons, music and audio files, films and video files and other files of any kind, and the selection and arrangement thereof, other specialized content, data and any other information provided from or on EPN’s Websites and/or uploaded thereto, including all software, products, and services included or listed in, or available through, the Website, and other features, as applicable.

“Products” - All the products offered by EPN or available for purchase from EPN through this Website.

“Service” - All the services and information granted or available at the Website.

“Site” or “Website” - This web site and any other web sites owned, operated or sponsored by EPN or any of EPN’s subsidiaries or affiliates on the world wide web of the Internet.

“Terms and Conditions” or the “Terms” - All terms, conditions, and notices contained or referenced herein.

“User” or “you” - each person, persons or entity who establish a connection to or access the Site or the Service.

Operation and Accessibility

Site access may not be available at all times or in all areas. EPN may permit you to enter the Site and/or deny entry to you, at any time and in its sole discretion. EPN reserves, at any time, the right to modify or discontinue, temporarily or permanently, this Site (or any part thereof) without notice.  You agree that EPN shall not be liable to you or to any third party for the content or any modification, suspension, or discontinuance of: (a) this Site, or (b) the Materials, Products and/or Services presented on this Site and/or offered herein. Your continued use of this Site after ANY such changes will indicate your acceptance of such changes. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by EPN.

Restrictions on Use

User shall use the Website and/or Service for lawful purposes only, and in accordance with this Terms and Conditions.

EPN provides users of this Site with access to certain content concerning EPN and its Products, Services and Materials. The Products, Services and Materials may be protected by copyright laws, international copyright treaties and other intellectual property laws and treaties. EPN and its licensors retain all title to copyright in the Products, Services and Materials, as applicable, and nothing on this Site shall be construed as conferring any license under any intellectual property rights, whether by estoppel, implication or otherwise to such Products, Services or Materials. Except as stated in these terms and conditions, you may not reproduce, edit, modify, display, distribute or make any other use of the Products, Services, or Materials in any form or by any means without EPN's prior written consent.

EPN grants you permission to download the Materials posted on this Site solely for informational use, provided that you do not modify such Materials and provided further that you retain all copyright and proprietary notices as they appear in such Materials, as applicable.

EPN's permission as aforesaid is revocable, non-exclusive and limited to make personal use only of the Website, and does not include, without limitation:

(a) Any commercial and/or derivative use of the Website or any Materials included therein; and/or

(b) The collection, gathering and use of any Materials or any part thereof; and/or

(c) Any right or license, express implied or otherwise, other than the rights specifically listed and defined above, nor any right under any patent, trademark, copyright, or proprietary right of EPN or any third party.

Any unauthorized use of this Website will automatically terminate the permission granted by these Terms and Conditions, and, further, may violate applicable laws and/or third party rights.

Rules of Conduct

Should you submit material to any of our servers, for example, by email or via EPN’s World Wide Web pages, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features, and any spyware, Trojan Horses and other tracking software or devices, before submitting any material; and (c) you agree not to take action against EPN in relation to material that you submit and you agree to indemnify us if any third party takes action against us in relation to the material you submit.

EPN expects users of this Site to respect the rights and dignity of others. Your use thereof is conditioned on the fact that you will not: (i) transmit or otherwise make available in connection with this Site anything that is or may be threatening, harassing, degrading, hateful, or intimidating, defamatory, fraudulent or tortuous, obscene, indecent, pornographic, or otherwise objectionable, or protected by copyright, trademark, trade secret, right of publicity, or other proprietary right, without the express permission of the owner of such right; (ii) intercept or attempt to intercept electronic mail not intended for you; (iii) use this Site for any fraudulent or unlawful purpose; or transmit or otherwise make available in connection with this Site any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal or potentially illegal activities; (iv) transmit or otherwise make available any material, non-public information without the proper authorization to do so; (v) interfere with or violate any other site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of this Site without their express consent; (vi) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vii) impersonate any person or entity, including, but not limited to, any EPN agent or representative, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make, without EPN’s prior written consent; (viii) transmit or otherwise make available in connection with this Site any virus, worm, Trojan Horse, easter egg, time bomb, web bug, cancelbot, "spyware" or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (ix) interfere with or disrupt the operation of this Site, or the servers or networks that host this Site or make this Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (x) restrict or inhibit any other EPN-authorized person from using this Site, including by means of hacking or defacing any portion of this Site; (xi) transmit or otherwise make available in connection with this Site any unsolicited or unauthorized advertising, promotional materials, "junk mail",  "spam", "chain letters", "pyramid schemes", investment opportunities or any other form of solicitation; (xii) sell, license, or exploit for any commercial purposes any use of or access to the Products, Materials, Services, or this Site; (xiii) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Materials or this Site; (xiv) frame or mirror any part of this Site without EPN's prior express written authorization;  (xv) use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine; (xvi) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over this Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on this Site); or (xvii) create a database by systematically downloading and storing all or any of the information presented on this Site.

You understand and acknowledge that you are responsible for whatever content you submit, and you, not EPN, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of this Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to this Site. You shall remain solely liable for any Content you upload or transmit to this Website, and shall indemnify and hold harmless EPN from and against any and all claims, actions or demands whatsoever (whether arising in contract, tort or otherwise, including negligence of any degree, and strict liability), loss, expense, damages or liability, made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms and Conditions, or your violation of any rights of a third party.

EPN reserves the right, but does not assume any responsibility to remove any material posted on this Site which EPN, in its sole discretion, deems inconsistent with the foregoing commitments, including any material EPN has been notified, or has reason to believe, constitutes a copyright infringement. However, EPN can neither review all material before it is posted on this Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, EPN assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. EPN reserves the right to take any action it deems necessary to protect the personal safety of users of this Site; however, EPN has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. . In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect EPN's systems and customers, or to ensure the integrity and operation of EPN's business and systems, EPN may access and disclose any information it considers necessary or appropriate (including, without limitation, name, e-mail address, IP addressing etc.) and posted Content.

Your failure to comply with the provisions set forth herein may result in the termination of your access to this Site and may expose you to civil and/or criminal liability.

Submission of information by User

EPN does not want you to, and you should not, send any confidential or proprietary information to EPN via this Site. If you transmit to or post on EPN’s Website any Material, data, information or idea by any means, it will be treated as non-confidential and nonproprietary and may be disseminated or used by EPN for any purpose. Any submission by you becomes the property of EPN and you grant EPN the authority and right to use that information. By sending EPN materials or information, you grant EPN an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material or information and you further agree that EPN is free to use any ideas, concepts, know-how or techniques that you provide for any purpose.

Material Disclosure

The use of this Website and the access to information through it are services granted to the Users for their own personal use and convenience. In some of EPN Websites affiliated with commercial transactions that you or your business may have with EPN, particularly those which are password-protected or subject to subscriptions, said Services are granted as per your request and following your subscription thereto. All the Contents presented or included in this Website shall not be deemed nor considered as any obligation, admission, acknowledgement, declaration, statement or representation on behalf of EPN and shall not obligate EPN in any manner whatsoever. Any such Content shall not serve as evidence against EPN in the frame of any legal proceedings of any nature and any submission of such Content to any third party, including any legal instance, is hereby forbidden and shall have no effect whatsoever. In addition and without derogating from the above, it is hereby clarified that the User of this Website shall be responsible for any use of it, and EPN ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER, AND ANY USER SHALL HAVE NO RECOURSE AGAINST EPN FOR, ANY EXPENSE, LOSS OR DAMAGE (INCLUDING LOSS OF USE AND/OR PROFIT AND INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES) SUFFERED BY ANY USER OF THE CONTENT CONTAINED ON THIS WEBSITE AND/OR IN RELATION THERETO, for any reason whatsoever. Without derogating from the generality of the above, EPN does not guarantee the correctness, accuracy, completeness and the keeping up-to-date of any Content contained in this Website.

Any forward looking Materials, information, advice, statements with respect to the EPN’s and/or any of its subsidiaries’ and/or any of its affiliate’s business, financial condition and results of operations included in this Site are subject to risks and uncertainties that could cause actual results to differ materially from those contemplated in such forward looking statements, including, but not limited to, product demand, pricing, market acceptance, changing economic conditions, risks in product and technology development and the effect of the EPN’s and/or any of its subsidiaries’ and/or its affiliate’s accounting policies, as well as certain other risk factors which are detailed from time to time in EPN’s and/or its subsidiaries’ and/or its affiliate’s filings with the Securities and Exchange Commissions.

Limitation of Liability; Warranties and Disclaimers

The contents of these World Wide Web pages are provided on an "as is" or "as available" basis. The Content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. EPN does not represent or warrant that the Materials in this Website are accurate, reliable, complete, correct, up-to-date, current or error-free; that the content is free from changes caused by third party; that your access to the Website will be free from interruptions, errors, computer viruses or other harmful elements; that this Website will be available at any particular time or location; that any defects or errors will be corrected; and/or that the Website or its server(s) and Content is free of viruses, spyware or other harmful components. EPN is not responsible for typographical errors or omissions relating to pricing, financial and other data, text, or photography and has no duty or liability to correct or update any Content. . EPN reserves the right to revise or make other changes to said pages at any time. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. EPN does not warrant or guarantee any advice or information granted through the site and assumes no liability, with respect to such information or advice or its accuracy. You acknowledge and understand that the information and Materials presented on this Site should be used for general informational purposes only and not for legal or operational planning or other purposes. Also, EPN cannot assume any responsibility for updating or correcting any such information or advice once it has been given, nor does the provision of information or advice create, expand, or alter any warranty with respect to the sale or licensing of Products.

THE USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS SOLELY AT YOUR OWN RISK.  EPN shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions related to the Services or Materials available or not included in the site; (b) the unavailability or the interruption of the Services or  Materials; (c) your use of the Services or Materials (regardless of whether you received any assistance from EPN in using such  Services or Materials); (d) the content of the Services or Materials; or (e) any viruses, spyware, Trojan Horses or other harmful components.

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL EPN, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES), AND INCLUDING, FURTHER, ANY LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR INFORMATION, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OF ANY DEGREE AND STRICT LIABILITY), OR OTHERWISE, RESULTING FROM OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY OTHER SITE TO WHICH THIS WEBSITE IS LINKED, OR ARISING OUT OF THE USE OF THE PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR CONTAINED IN, OR ACCESSED THROUGH, THIS SITE AND/OR IN CONNECTION WITH ANY OF THE FOREGOING, REGARDLESS OF WHETHER EPN OR AN AUTHORIZED EPN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF EPN’S SITE RESULTS IN YOUR NEED TO SERVICE, REPAIR OR CORRECT EQUIPMENT OR DATA, YOU ASSUME THE COSTS TO THE EXTENT THE LAW ALLOWS. THIS LIMITATION APPLIES EVEN IF EPN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, EPN's liability in such jurisdictions shall be limited to the extent permitted by law. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST EPN.

Indemnification

User shall have no recourse against EPN for, and hereby undertakes to defend, indemnify and hold harmless EPN and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from and against any and all liabilities and claims whatsoever (whether arising in contract, tort or otherwise, including negligence of any degree, and strict liability) for or in respect of any loss (including loss of use and/or profit), expense (including attorneys fees), liability and damage of any kind, which may at any time be suffered or incurred from your use or misuse of this Website and/or Services.

EPN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with EPN in asserting any available defenses.

Links to Third Party Sites

Certain links provided herein permit you to leave this Site and enter other, non-EPN sites. The links to third party web sites are provided for your convenience and information only. These sites may contain information or material that are incorrect, inaccurate, misleading, deceptive, not up-to-date, or that some people may find inappropriate, discriminating or offensive. These linked sites are not under EPN's control. EPN is not responsible for the contents, accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or any link contained in such linked sites, or any review, changes or updates to such sites. The inclusion of any link does not imply endorsement by EPN of any linked site. EPN'S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY EPN PRODUCT, MATERIAL OR SERVICE. Due to the above, if you decide to visit any linked site, you do so entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

EPN reserves the right to terminate a link to a third party web site at any time.

If a third party links to EPN’s Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with EPN. In most cases, EPN is not aware that a third party has linked to its Website.

Intellectual Property, Trademarks, Patents

You acknowledge and agree that all Content available on this Website is  protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights, laws and treaty provisions. All copyrighted and copyrightable materials on this Website, including, without limitation, the Content (the "Copyrighted Materials"), are EPN's intellectual property, proprietary to EPN, and are copyrighted, ALL RIGHTS RESERVED to EPN and/or third-party licensors.

Except as stated herein, none of the Copyrighted Materials may be copied, reproduced, modified, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise.

The sole exceptions of these restrictions are that you either received the prior written consent of EPN or the respective copyright owner; and, the authorization granted hereby to print or download one copy of the materials or content on this Website on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.

The trademarks, service marks and logos used and displayed on this Site are registered and unregistered trademarks and service marks of EPN and others. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any EPN trademarks, service marks or logos used or displayed on this Site without the prior express written permission of EPN. When used with EPN's permission, all trademarks must be identified as trademarks of EPN using the appropriate symbol (e.g.,™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.

EPN's technology, Products, Services, and Materials may be protected by one or more United States, Israeli, and/or international patents or patents pending.

Representations and Warranties of User; Indemnity

You represent and warrant that you will comply with all applicable laws in connection with your use of this Site. You agree to defend, indemnify and hold harmless EPN and its directors, officers, licensors, employees, agents, and representatives, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with this Site; (b) any violation of these terms and conditions by you; or (c) any allegation that anything you transmit through or in connection with this Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

Termination

You agree that EPN, in its sole discretion, may terminate your use of this Site or any part thereof, at any time and for any reason, including, without limitation, if EPN believes that you have violated or acted inconsistently with the letter or spirit of these terms and conditions. You agree that any termination of your access to this Site and/or the Services under any provision of these terms and conditions may be effected without prior notice. Upon termination of these terms and conditions, your right to use this Site will immediately cease. EPN shall not be liable to you or any third party for any termination of your access to this Site or any part thereof.

General

These terms and conditions do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Site or use of this Site will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in Illinois, USA. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. If any provision of these terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these terms and conditions without EPN's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, are the entire terms and conditions between you and EPN relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and EPN with regard to use of this Site. Notices to you may be made via email or regular mail. This Site may also provide notices of changes to these terms and conditions or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact Information

All requests for further information should be directed to: ssmith@epngroup.com

 

 




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