TERMS OF USE AND LEGAL NOTICE

AGREEMENT BETWEEN USER AND ROCK CREST CAPITAL, LLC (“ROCK CREST”)

This Website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Website constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

This Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, per-form, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ROCK CREST AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. THIS WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS. ROCK CREST AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ROCK CREST AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY. IN NO EVENT SHALL ROCK CREST AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ROCK CREST OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Website, you warrant to Rock Crest Capital, 23 Old Kings Highway South, Darien, CT 06820, that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD PARTY SITES

This Website may contain hyperlinks to Websites operated by parties other than Rock Crest. Such hyperlinks are provided for your reference only. Rock Crest does not control such Websites and is not responsible for their contents. Rock Crest’s inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators.

MODIFICATION OF THESE TERMS AND CONDITIONS

Rock Crest reserves the right to change the terms, conditions, and notices under which this Website is offered.

GENERAL

This agreement is governed by the laws of the State of New York, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in New York County, New York, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rock Crest as a result of this agreement or use of this Website. Rock Crest’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rock Crest’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Rock Crest with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Rock Crest with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rock Crest with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

 





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