LIMITATIONS ON USE You may use this Website to view information that we make publicly available on our web pages and for any other purposes expressly permitted herein. You may not access any information that is not publicly presented via normal browser viewing or via download processes that are made available by our Website’s architecture, explicitly for use by visitors in downloading files we offer to the public. You may not use this Website for any other purpose, including any commercial purpose, without GSM’s prior written consent, which consent may be withheld in GSM’s sole and absolute discretion. For example, you may not (and may not authorize any other party to) co-brand (as defined below) or frame any portion of this Website or hyperlink to this Website (other than the home page) without the express prior written consent of an authorized representative of GSM. “Co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party, in a manner that is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute this Website or content accessible within this Website.
GSM and/or its affiliates reserve the right to monitor your use of this Website to determine compliance with the terms hereof and applicable law, as well the right to remove or refuse any information or your use of this Website for any reason.
PROPRIETARY INFORMATION The material and content accessible on this Website, and any other website owned, operated, licensed, or controlled by GSM, is copyrighted and/or otherwise proprietary information of GSM or the party that provided such content to GSM, and GSM or the party that provided such content to GSM retains all right, title and interest in and to such content. The content on this Website may not be copied, reproduced, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of GSM, which consent may be withheld in GSM’s sole and absolute discretion, except that visitors to this Website may print out one copy of the content on this Website solely for their personal use. In doing so, each user agrees that it will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark or any other proprietary notice or legend appearing on any of the content on this Website. Modification or use of the content on this Website except as expressly provided herein without the prior written consent of GSM violates GSM’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Website.
Unless otherwise specifically noted, images, trademarks, service marks, logos, and icons displayed on the Website are the property of GSM or the party that provided the trademarks, service marks and logos to GSM, and may not be used without GSM’s prior written consent. GSM, and any party that provided trademarks, service marks and/or logos to GSM retain all rights and entitlements with respect to any of their respective trademarks, service marks and logos appearing in this Website. Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes.
You may not send, submit, publish or transmit in connection with this Website any material that:
1. You do not have the right to post, including proprietary material of any third party;
2. Is vulgar, obscene, pornographic or indecent;
3. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive, or is otherwise illegal (or advocates illegal activity) or in violation of any laws or regulations;
4. Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
5. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
6. Solicits funds, advertisers, or sponsors;
7. Includes programs which contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications; or
8. Does not comply with the terms hereof (as amended or modified from time to time).
DISCLAIMER You acknowledge and understand that GSM cannot and does not guarantee or warrant that files available for downloading from this Website, links on the Website and/or the Internet will be free of viruses, worms, Trojan horses or other code or characteristics that may manifest contaminating or destructive properties or cause any dysfunction to or interference with your computer hardware or software. You are responsible for implementing sufficient protocols, procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, hardware and software performance and for maintaining a means external to this Website for the reconstruction of any lost or corrupted data or damaged equipment. GSM does not assume any responsibility or risk for your use of this Website or the Internet, nor does GSM assume any responsibility for any products or services or hypertext links to third parties or for any performance issues or breach of security associated with your use of this Website, or your transmission or receipt of information through the Website or any hyperlinked websites. The content this Website is not necessarily complete and up-to-date and should not be used to replace any written reports, statements or notices provided by GSM. The content of this Website is subject to change without notice and should not be relied upon for any purpose. Neither GSM nor any of its affiliates makes any representation or warranty, express or implied, as to the accuracy or completeness of the information contained herein or the fitness of information for any particular purpose, and no such party shall have any liability for such information. Each visitor to this Website should conduct its own investigation and analysis of GSM and its affiliates, their business, prospects, results of operations and financial condition. In furnishing the information on this Website, neither GSM nor any of its affiliates undertakes any obligation to provide the recipient with access to any additional information or to update or correct the information on this Website whatsoever. The information on this Website is not all-inclusive, and does not contain all the information which you may require. You should not construe the contents of these materials as legal, tax, investment or any other advice. You should consult your own counsel, accountant or business advisors.
YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. THE CONTENT ON THIS WEBSITE IS PROVIDED “AS IS”, WITH ANY AND ALL OF ITS FAULTS, AND WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GSM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. GSM DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS. GSM DOES NOT WARRANT OR MAKE ANY REPRESENTATION OR WARRANTY WHATSOEVER REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT ON THIS WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT ON THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND GSM MAY MAKE CHANGES OR MODIFICATIONS AT ANY TIME. YOU (AND NOT GSM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. GSM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR INCOMPATIBILITY, ERRORS OR OMISSIONS IN SUCH CONTENT.
Certain statements in this document and certain oral statements made by representatives of GSM or its affiliates that are not historical fact constitute “forward-looking statements.” You are cautioned not to place undue reliance on these forward-looking statements. GSM generally identifies forward-looking statements by using words like “believe,” “intend,” “target,” “expect,” “estimate,” “may,” “should,” “plan,” “project,” “contemplate,” “anticipate,” “predict” or similar expressions. You can also identify forward-looking statements by discussions of strategies, plans or intentions, future economic, competitive and market conditions, future business decisions, representative investments, anticipated portfolio concentration, investment opportunities, ability to create value, nature of investments, characteristics of affiliates of GSM, future operations, financial condition, estimated revenues, projected costs, projected synergies, prospects, plans and objectives of management, strategy implementation, investment criteria and/or strategy objectives, as well as certain information concerning expected actions of third parties. Such forward-looking statements involve known and unknown risks, uncertainties and other factors, which may cause the actual results to be materially different from historical results or from any results expressed or implied by such forward-looking statements. All forward-looking statements herein are qualified in their entirety by this cautionary statement. Any estimates and projections on this Website as to events that may occur in the future (including projections of revenue, expense and net income) are made based upon the reasonable judgment of GSM personnel, which may be fallible, or on information provided by affiliated or unaffiliated third parties. Such estimates and projections are provided as of the date of this document and upon assumptions and circumstances and events that have not yet taken place, may not have an empirical basis, are subject to variation, are inherently unpredictable and have not been independently verified for accuracy. Whether or not such estimates or projections may be achieved will depend upon various factors and there can be no assurance that any estimates or assumptions will prove accurate. Neither GSM nor any of its affiliates guarantees that any of these projections will be attained. Actual results may vary from the projections, and such variations may be material. All of the information on this Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Website, and GSM does not undertake any obligation to update such information after it is posted or to remove such information from this Website if it is not, or is no longer, accurate or complete. The information on this Website regarding the affairs of GSM or its affiliates does not create any implication that the information contained herein or the affairs of GSM or its affiliates have not changed since the date the date the information was presented or that such information is correct as of any time subsequent to its date.
LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES GSM, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEBSITE OR ANY LINKS, EVEN IF GSM OR A REPRESENTATIVE AUTHORIZED BY GSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEABLE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GSM AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $50 OR THE AMOUNT (IF ANY) YOU HAVE PAID FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
WAIVER OF CLASS ACTION RIGHTS BY USING THE WEBSITE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE, INCLUDING CLASS ARBITRATION. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT OR THE WEBSITE MUST BE ASSERTED INDIVIDUALLY.
INDEMNITY You shall indemnify and hold GSM, its affiliates, licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from any breach of the terms hereof by you, including any use of content on this Website other than as expressly authorized in terms hereof. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties against any and all resulting loss, damages, judgments, awards, costs, expenses and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.
ACCESS TO THE WEBSITE We make no representation that the content of this Website is appropriate or available for use in any jurisdictions. Access to this Website’s content from any jurisdiction where such access is illegal is prohibited. If you choose to access this Website, you do so at your own risk and agree to all terms and conditions of this Agreement. You are always responsible for your compliance with applicable laws. You may not use or export the materials in this Website in violation of any laws, including U.S. export laws and regulations. GSM and its subsidiaries are not authorized to do business in every jurisdiction. By downloading any of this Website’s content, you are agreeing that you are not in a country where such export is prohibited and that you are not a person or entity to which such export is prohibited.
NOT SOLICITATIONS OR OFFERS The information contained on this Website does not constitute investment advice, and is not an offer to sell, a solicitation or a recommendation to buy any service, program, product, securities or to engage in any other transaction with GSM or its affiliates. All transactions require signed agreements with GSM, and the terms of those agreements are binding on the parties. No other representation, whether made in person, online, electronically, in written, graphical or verbal communication, may alter the terms of those agreements except that your use of the Website constitutes your agreement to the additional terms set forth herein. By using this Website, you accept at your own risk that this Website and online communications medium may not perform as intended.
OTHERS’ VIEWS AND OPINIONS GSM uses this Website to provide data relating to GSM and its affiliates. The Website may include analysts’ or other parties’ views relating to GSM’s financial performance. Analysts’ and other parties’ views that are made accessible on this Website are not necessarily shared nor endorsed by GSM and GSM does not confirm the content of such views by placing them on this Website. GSM does not undertake to and is under no obligation to verify the content of such views posted on this Website; they are available for informational purposes only. We are not liable for any loss or damages, whether direct, indirect, incidental, special, consequential, or exemplary, that may arise from reliance on such views made available on this Website. The liability of GSM, if any, for the accuracy or completeness of such views made accessible on this Website shall be excluded to the extent set forth herein or otherwise permitted by applicable law.
MISCELLANEOUS The terms set forth herein will be governed and interpreted pursuant to the laws of the State of Minnesota, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Minnesota in connection with any dispute between you and GSM arising out of the terms set forth herein or pertaining to this Website. Each visitor to this Website agrees that the exclusive venue for any dispute between the parties arising out of the terms set forth herein or pertaining to the subject matter of terms set forth herein will be in the state or federal courts sitting in Minneapolis or St. Paul, Minnesota, and you irrevocably waive any claim that the venue is an “inconvenient forum”. If any part of terms set forth herein is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The terms set forth herein constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain. GSM may revise the terms set forth herein at any time by updating this posting. The terms set forth herein constitute the entire understanding and agreement between GSM and you with respect to your use of this Website, and supersedes all prior and contemporaneous agreements and understandings between you and GSM relating thereto. Any cause of action you may have with respect to your use of this Website must commence within one (1) year after the claim or cause of action arises or be forever and irrevocably barred.