Access to the Lotus Fiduciary Services Web site defined below is provided by LOTUS. For purposes of this agreement, “LOTUS”, “we,” “us” or “our” shall mean Lotus Fiduciary Services and its affiliates, and their officers, directors, managing directors, partners, and employees. The “Lotus Web site” shall mean the Web site of Lotus Fiduciary Services available to the general public and located at www.lotusfiduciarygroup.com.

Information Made Available Through this Service: You are permitted to store, display, analyze, modify, reformat, and print the information made available to you via these services only for your own use. You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of LOTUS. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. LOTUS reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the information. These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by LOTUS or the third-party providers from whom LOTUS has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third-party providers. Such third-party providers shall have no liability to you for monetary damages on account of the information provided to you via this service.

Content not to be construed as a solicitation or recommendation: This material has been prepared for informational purposes only without regard to any particular user’s investment objectives, financial situation, or means, and LOTUS is not soliciting any action based upon it.  Although this material is based upon information that LOTUS considers reliable and endeavors to keep current, LOTUS has not verified this information and does not represent that this material is accurate, current, or complete and it should not be relied upon as such.

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No determination of suitability has been made; not all risks are disclosed; private advisors should be consulted: The fact that LOTUS has made the data and services provided on this Web site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Web site is suitable or appropriate for you. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice.

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A Few Rules of the Road Regarding User Content.  LOTUS does not endorse or control User Content, so we have to ask that you follow a few rules:

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1. User Content Must Comply with Our Acceptable Use Policy (as set forth below). Don’t post content or materials that are obscene or that promote illegal activity, or that defame, abuse, harass, threaten, or otherwise violate the legal rights of others (including rights of privacy and publicity). Any content or materials containing things like hate speech, nudity and violence (as examples) is strictly prohibited.

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2. User Content Must Be Yours. This means you have created the content or materials containing User Content and, where applicable, you must have permission from everyone whose name or likeness is contained in your content or materials to share such content or materials. User Content should not contain any visible logos, phrases or trademarks or other third-party materials. Do not post any content or materials that belong to a third party (including any content that you might have found elsewhere on the Internet).

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3. User Content Must Be Accurate and Truthful. Do not impersonate any other user, person or company or upload or post any content or material that you know is inaccurate, fraudulent, or deceptive. If you are not authorized to speak on behalf of a company, please do not do so. Anything you say or post on the Web site should reflect your true opinions or experiences.

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4. User Content Must Not Include Sensitive Information. Please avoid including your sensitive personal information (such as your social security number, credit card number, etc.) in any User Content posted.

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5. User Content Must Not Be Commercial. Don’t post advertisements, offers, or other commercial content designed or intended to sell your or a third party’s goods or services.

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f. No Obligation to Monitor User Content. LOTUS may and expressly reserve the right (but have no obligation) to monitor, scan, intercept, review, analyze, record, store, evaluate, alter or remove User Content (and any messages, information, content or other materials sent to you, or received by you, in connection with the Web site or its features or functionalities), at any time, including while it is in transit, and before and after it is stored or made available through the Web site, and to monitor, review, analyze or evaluate your access to or use of the Web site (including any Web site features or functionalities), in each case by manual, automated or other means, and in each case for any purpose (including analytics, advertising (including sharing with ad brokers), marketing and any purposes as may be described in our Privacy Policy).

 

Acceptable Use: You accept sole responsibility for all of your activities using the Web site. You may not use the Web site in a manner that:

i. Uses technology or other means not authorized by us to access the Web site or our systems;

ii. Uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to (a) retrieve, index, “scrape,” “data mine,” access or otherwise gather any Web site information or our systems; (b) reproduce or circumvent the navigational structure or presentation of the Web site; or (c) otherwise harvest or collect information about users of the Web site;

iii. Reverse engineers, decompiles or disassembles any portion of the Web site, except where such restriction is expressly prohibited by applicable law;

iv. Attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;

v. Attempts to gain unauthorized access to our computer network or user accounts;

vi. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;

vii. Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of us or any other party (including rights of publicity or other proprietary rights);

viii. Is unlawful, fraudulent, or deceptive;

ix. Attempts to damage, disable, overburden, or impair our servers or networks; 

x. Reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshare, distributes or otherwise exploits any portion of (or any use of) the Service except as expressly authorized herein, without our express prior written consent;

xi. Fails to comply with applicable third-party terms; or

xii. Otherwise violates these Terms and Conditions of Use.

 

DMCA Notice - How to Provide Notice of Alleged Copyright Infringement:

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a. You may not use the Web site for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA“). We may terminate your access to the Web site in the event of repeated violations.

b. If you believe one of our users is, through the use of the Web site, unlawfully infringing the copyright(s) in your work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the DMCA) must be provided to our designated copyright agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Web site are covered by a single notification, a representative list of such works on the Web site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (iv) information reasonably sufficient to permit us to locate such material; (v) information reasonably sufficient to permit us to contact you, such as your address, phone number, and email address; (vi) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vii) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

c. It is often difficult to determine if your intellectual property rights have been violated. LOTUS may request additional information before we remove any allegedly infringing material. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. LOTUS may request additional information before we remove any allegedly infringing material.
 

No representations made as to other sites or links: Lotus may provide links to certain Internet sites (the “Sites”) sponsored and maintained by third parties. LOTUS is providing such links solely as a convenience to you. Accordingly, LOTUS makes no representations concerning the content of the Sites. The fact that LOTUS has provided a link to the Site does not constitute an endorsement, authorization, sponsorship, or affiliation by LOTUS with respect to the Site, its owners, or its providers. LOTUS has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Site, or the suitability or appropriateness of the products or transactions described therein.