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This Web site (the "Web Site") is a service made
available by Barnard Capital, Inc. and all content, information and
software provided on and through the Web Site ("Content") may be used
solely under the following terms and conditions ("Terms of Use"). This
web site and the materials contained herein are provided by Barnard
Capital, Inc. for general information purposes only. Barnard Capital may
revise these terms without notice by updating this posting, with the
revised terms taking effect as of the date of their posting.
Linking to the Web Site.
You may provide links only to the homepage of this Web Site, provided
(a) you do not remove or obscure, by framing or otherwise, any portion
of the homepage, (b) you give Barnard Capital, Inc. notice of such link
by sending an e-mail to
webmaster@barnardcapital.com and (c)
you discontinue providing links to this Web Site if requested by Barnard
Capital, Inc.
Privacy. Your use of the Web Site is subject to
Barnard Capital, Inc.'s
Privacy Policy, available through this
link.
Children. Minors are not eligible to use the
Web Site and Barnard Capital, Inc. asks that they do not submit any
personal information to us.
Links to Third-Party Sites. As a convenience to
you, Barnard Capital, Inc. may provide certain links, such as hyperlinks
or buttons, directing access to third party's web sites ("Linked
Sites"). The Linked Sites may not be controlled or monitored by Barnard
Capital, Inc. Barnard Capital, Inc. shall not be responsible for any
materials, information, or content posted on the Linked Sites. The
inclusion of the Linked Sites on the Web Site does not imply any
relationship or association between Barnard Capital, Inc. and the owner
of the Linked Sites or any endorsement or sponsorship by Barnard
Capital, Inc. of the Linked Sites. If you use any of these links, you do
so at your own risk.
Products and Services. The products and
services described in this web site and offered by Barnard Capital, Inc.
are subject to change and are not available at all times or in all
geographic areas. You may not be eligible for all the products or
services described in this web site and Barnard Capital, Inc. reserves
the right to determine and approve your eligibility therefore.
Neither the services of
Barnard Capital, Inc. nor the underlying information or technology may
be downloaded or otherwise provided or made available, either directly
or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan,
Syria or any other country subject to U.S. trade sanctions, to
individuals or entities controlled by such countries, or to nationals or
residents of such countries other than nationals who are lawfully
admitted permanent residents of countries not subject to such sanctions;
or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals and Blocked Persons or the U.S. Commerce
Department's Table of Denial Orders. By agreeing to these Terms and
Conditions of Use, you agree to the foregoing and represent and warrant
that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
Severability of Provisions.
These Terms of Use incorporate by reference any notices
contained on the Web Site and the Privacy Policy constitute the entire
agreement with respect to access to and use of the Web Site. This
agreement and the resolution of any dispute related to this Agreement or
the site shall be governed by and construed in accordance with the laws
of the State of California without giving effect to any principles of
conflicts of law. If any provision of these Terms of Use is unlawful,
void or unenforceable then that provision shall be deemed severable from
the remaining provisions and shall not affect their validity and
enforceability. Any legal action or proceeding between Barnard Capital,
Inc. and you related to this agreement shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in San
Francisco, California.
Copyrights & Trademarks. The trademarks, logos,
and service marks (collectively the "Trademarks") displayed on this Web
Site are registered and unregistered trademarks of Barnard Capital, Inc.
and others. Nothing contained on the Web Site should be construed as
granting, by implication, estoppel, or otherwise, any license or right
to use any Trademark displayed on this Web Site. You should assume that
everything you see or read on the Web Site is copyrighted under both
United States and foreign laws unless otherwise noted. Without Barnard
Capital, Inc.'s prior written permission, you may not sell, reproduce,
distribute, modify, display, publicly perform, prepare derivative works
based on, repost or otherwise use any Barnard Capital, Inc. materials in
any way for any public or commercial purpose.
Disclaimer. While Barnard Capital, Inc. uses
reasonable efforts to include accurate and up-to-date information in
this web site, the content of this web site may not be current,
complete, accurate or adequate for your use. You should verify the
accuracy, completeness, applicability and adequacy of all information
contained in this web site before relying on it. The materials in this
web site are provided "AS IS" and without any express or implied
warranties of any kind, including without limitation, warranties of
merchantability, performance, accuracy, reliability, fitness for a
particular purpose, noninfringement of intellectual property and freedom
from errors, viruses or other harmful components.
Indemnification. You agree to indemnity,
defend, and hold Barnard Capital, Inc. and its affiliates, officers,
directors, agents, employees, harmless from any claims or demands of any
third party, including, but not limited to, attorneys' fees and legal
fees, resulting from or arising out of your Use of the Web Site, your
Submitted Materials, or your violation of any terms and conditions of
these Terms of Use.
Contact Information.
If
you have any questions regarding these Terms of Use, please contact
Barnard Capital, Inc. at
webmaster@barnardcapital.com.
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