- Use of Site and Content. Olympus is the owner and/or licensor of all the material displayed on and/or accessible through this Site, including without limitation, software, text, graphics, charts, information, images, reports, presentations and other material (collectively referred to as the “Content”). Subject to the terms and conditions of this Agreement, Olympus grants you a limited right to access and use this Site solely for your own personal, internal, non-commercial use. For your personal non-commercial use only, you may print copies of the Content and store it on your own computer. You may not otherwise download or modify this Site or any Content, except with the prior express written consent of Olympus in each instance. You expressly acknowledge and agree that you are not granted any license for (i) any resale or commercial use of this Site and/or any Content; (ii) any derivative use of this Site or the Content; or (iii) any use of data mining, robots, or similar data gathering and extraction tools.
- Intellectual Property Rights. Olympus retains its property rights, including, without limitation, all rights under U.S. and international copyright law, to the Site and all Content. As such, without the prior express written permission of Olympus, you may not (i) distribute Content to others; (ii) include Content on any other web site, on a server computer, or in documents, including but not limited to “mirroring” the information and/or displaying the information by means of HTML frames or similar means; or (iii) modify or re-use the Content. Olympus reserves all rights not expressly granted herein. You acknowledge and agree that any name, logo, trademark, or service mark contained on this Site is owned or used with permission by Olympus and may not be used by you without the express prior written approval of Olympus or the relevant owner of the name, logo, trademark or service mark. Olympus will aggressively enforce its intellectual property rights to the full extent of the law. Your use of any of these materials is prohibited unless specifically permitted by Olympus in writing prior to any such use. Any unauthorized use of intellectual property or other materials owned by Olympus and/or its licensors may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
- Third-Party Links. From time to time, Olympus may provide links from this Site to websites operated by third parties. Our decision to do so is in no way an endorsement of these sites. Olympus does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. Olympus reserves the right to terminate any link at any time.
- 4.1 No Offer of Securities or Advice. You acknowledge and agree that nothing contained on this Site may be construed as a solicitation, offer, recommendation or representation of suitability or endorsement of any security or investment. You further acknowledge and agree that the Content of this Site does not provide any tax, legal, accounting or other professional advice.
- 4.2 Jurisdictional Limitations. Olympus does not claim that this Site is appropriate for your specific jurisdiction. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use this Site if you are restricted by any local, state, national or international laws.
- 4.3 Content Disclaimers. While Olympus makes reasonable efforts to ensure that the Content is correct, Olympus makes no warranties or representations as to the accuracy of the Content.
- 4.4 Disclaimer of Warranties. THIS SITE AND ALL CONTENT IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHARLESBANK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CHARLESBANK ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE.
- Indemnification. You agree to indemnify, defend and hold harmless Olympus and all of Olympus’ affiliates, officers, agents and employees against any and all claims, damages, costs or other expenses that may arise directly or indirectly out of or from your breach of this Agreement and/or your use of the Site.
- Limitations of Liability. You acknowledge and agree that your use of this Site and any Content is solely at your own risk. In no event shall Olympus, its affiliates, their respective officers, agents and employees (the “Olympus parties”) be liable for any damages whatsoever (including, without limitation, direct damages, incidental and consequential damages, lost profits, legal fees, expert fees, other disbursements or damages resulting from lost data or business interruption), including but not limited to claims and/or losses arising out of or resulting from any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if that party has been advised of the possibility of any such damages. You further agree that you hereby waive any and all laws which may limit the efficacy of such release. If you are located in a jurisdiction which does not allow the waiver of any or all of these warranties or liabilities, the limitation of liability of the Olympus parties shall be limited to the greatest extent permitted by law. You agree that any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises or will be deemed to have been waived.
- Changes and Modifications. Olympus reserves the right to revise this Agreement at any time and for any reason by posting a revised version of this Agreement on the Site. By accessing, browsing and/or using this Site following the posting of a revised version of the Agreement, you accept all provisions of the revised version of the Agreement. If you do not agree to the revised terms of the Agreement, you agree that your sole remedy is to discontinue use of this Site. As such, we strongly recommend that you periodically visit this page of the Site to review this Agreement.
- Monitoring of Site. Olympus has the right, but not the obligation, to monitor any activity associated with the Site. Olympus may investigate any complaint or reported violation of this Agreement and take any action that it deems appropriate under the circumstances. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or referring the matter to law enforcement authorities.
- Termination of the Agreement. Olympus reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement (and/or your access to all or any part of the Site or the Content) at any time and for any reason without prior notice or liability. Olympus reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. If this Agreement is terminated, the following provisions shall survive: Section 4, 5, 6, 9, 10, and 11.
- Governing Law and Venue. This Site is made available to you from the Commonwealth of Massachusetts in the United States. If you elect to access and/or use this Site from outside of the United States, you do so at your own risk and you agree that you shall comply with the laws of your jurisdiction, as well as the laws of the State of New York and the State of Connecticut and the laws of the United States in connection with your access to and use of the Site. The laws of the State of New York, without regard to its principles of conflict of laws, will govern this Agreement (including any disputes concerning or related to this Agreement). You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Stamford, CT for the purpose of resolving any dispute relating to your access to or use of this Site. Notwithstanding the foregoing, you expressly acknowledge and agree that Olympus may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to exclusive jurisdiction and venue in such courts. You agree that this may require you to submit any disputes related to the use of this Site to final and binding arbitration in the State of Connecticut.
- General. If any of these terms and conditions of this Agreement are deemed invalid, void or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Any failure of Olympus to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other of this Agreement.