Lionpoint Group LLC and Lionpoint Group SA (hereinafter “Lionpoint”) welcome to Lionpoint Website (“Lionpoint Website” or “Website”). By using the Lionpoint Website, you agree to be bound by the following terms and conditions concerning your use of the Website (“Terms and Conditions of Use”) and our Privacy Policy. Lionpoint may revise the Terms and Conditions of Use and/or its Privacy Policy at any time without prior notice to you, by posting a revised Terms and Conditions of Use on its Website.

By accessing this Website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. All documents and information on this Website are protected by applicable copyright and trademark law. Except as specifically permitted herein, no portion of the documents or information on this Website may be reproduced in any form or by any means without the express written consent of Lionpoint. Nothing on this Website shall be construed as conferring any license under any of Lionpoint’s or any third party’s intellectual property rights.

Content and Liability Disclaimer

The materials on the Lionpoint Website are provided “as is”. Lionpoint shall not be responsible for any errors or an omission contained on this Website, and reserves the right to make changes anytime without notice. Mention of non-Lionpoint products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by Lionpoint. All Lionpoint and third party information provided on this Website is provided on an “as is” basis. LIONPOINT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS OR SERVICES) PROVIDED ON THIS WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In no event shall Lionpoint be liable for any damages whatsoever, and in particular Lionpoint shall not be liable for direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use this Website, any Lionpoint product or service, this includes damages arising from use of or in reliance on the documents or information present on this Website (including any information posted or placed by anyone other than Lionpoint), even if Lionpoint has been advised of the possibility of such damages.

LIONPOINT MAKES NO WARRANTY THAT: (A) THE WEBSITE, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, PRODUCTS OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LIONPOINT WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. LIONPOINT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, COMPUTER VIRUSES, OR THE USE OF THE WEBSITE, PRODUCTS OR SERVICES IN ANY MANNER. IN ADDITION, LIONPOINT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS OR USE BY ANYONE OF ANY INFORMATION OR DATA PUT ON THE CFI WEBSITE BY YOU.

Information Provided to Lionpoint Website

Any information provided to Lionpoint in connection with the Website shall be provided by the submitter and received by Lionpoint on a non-confidential basis. Such information shall be considered non-confidential and the property of Lionpoint. By submitting any such information to Lionpoint you agree to a no-charge assignment to Lionpoint of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. Lionpoint shall be free to use such information on an unrestricted basis.

Communication and Activities on Our Site

You agree not to upload, email, post, publish or otherwise transmit through the Lionpoint Website any content that (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited advertisement, solicitation, bulk e-mail, “junk mail,” “spam” or chain letters; or (g) violates any applicable laws or regulations. You will not disrupt the functioning of the Lionpoint Website, solicit another user’s password, or otherwise act in a way that interferes with other Lionpoint customers’ use of the Lionpoint Website.

Trademarks

The trademarks, logos, and service marks (collectively “Trademarks”) appearing on the Lionpoint Website are the property of Lionpoint and other parties. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark.

Third Party Websites, Content, Products & Services

Lionpoint’s Website may provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of our Website. You agree that Lionpoint is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other policies before you use them. You agree that Lionpoint is not responsible for third party content accessible through our Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Lionpoint is not responsible for (a) the quality of third party products or services; or (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Lionpoint is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Passwords and Security

You are responsible for maintaining the confidentiality of any user name(s) and password(s) you are given to access the Website, and are fully responsible for all activities that occur under your user name(s). You agree to notify Lionpoint immediately of any unauthorized use of your user name(s) or password(s). No data transmission over the Internet can be guaranteed to be 100% secure. Although Lionpoint is committed to protecting your personal information, Lionpoint cannot ensure or warrant the security of any information you send to Lionpoint, and you send such information at your own risk.

Revisions and Errata

The materials appearing on the Website could include technical, typographical, or photographic errors. Lionpoint does not warrant that any of the materials on its Website are accurate, complete, or current. Lionpoint may make changes to the materials contained on its Website at any time without notice. Lionpoint does not, however, make any commitment to update the materials.

Modifications

Lionpoint may revise these Terms and Condition of Use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

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Termination of Use

You agree that Lionpoint may, in its sole discretion and at any time, and for any or no reason, terminate your access to the Website, any specific product(s) and any account(s) you may have in connection with the Lionpoint Website. Access to and use of the Website may be monitored by Lionpoint.

Control of Our Site

Lionpoint may set limits regarding the services provided through its Website, including but not limited to limits on the amount of storage, the length of time stored materials are retained, and the amount of bandwidth used at any one time. We are not liable for the deletion or loss of any data or other information from the Website. We may terminate or change your user name, password, account, or use of all or any part of the Website and we may remove any content within the Website without notice and for any reason. You may not access, download, use or export information (including any software, products or services) contained on this Website in violation of U.S. Export Laws or regulations, or in violation of any applicable laws or regulations.

Indemnity

You agree to defend, indemnify and hold harmless Lionpoint, its subsidiaries and affiliated corporations and entities, or any of their officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of Lionpoint’s Website and/or any product or service.

Privacy Policy and Confidentiality

Lionpoint is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current Privacy Policy at www.lionpointgroup.com. With the exception of content of the Website as set out in the Privacy Policy, we will keep your confidential information in confidence. Conversely, to the extent that you learn any confidential information concerning Lionpoint, which is not intended for public disclosure, you will keep that information confidential until it is public, and agree not to use said information outside the scope of these Terms and Conditions of Use.

General Terms and Applicable Laws

These Terms and Conditions of Use, as well as any Agreement or Addenda signed by you and Lionpoint, constitute the entire agreement between you and Lionpoint and govern your use of the Website and all products and services, superseding any prior agreements, oral or written, including but not limited to any prior oral or written agreements with Lionpoint, business partner or affiliate. Lionpoint’s failure to enforce any right under the Terms and Conditions of Use will not waive that right. If any provision of the Terms and Conditions of Use is invalid, the Terms and Conditions of Use should be interpreted to affect the intent of the parties, and the remaining provisions will stay in effect. The Agreement entered into is unique to you and Lionpoint, and is not for the benefit of any third party. You must file any claim or suit related to this Website or your use of any product or service, within one year after the claim arises. This Website is controlled by Lionpoint from its offices in Los Angeles, United States, and Geneva, Switzerland. All matters relating to your access to or use of any Lionpoint Website shall be governed by the laws of the State Of Delaware, United States and the laws of the courts in Geneva, Switzerland, without regard to the conflict of law rules. Any legal action relating to your use of the Website or any product or service shall be instituted in a state of Federal court in Delaware, United States, or Geneva, Switzerland, with the prevailing party entitled to reasonable attorneys’ fees and costs. You and Lionpoint agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action.

Equitable Relief

You acknowledge that any violation of this Agreement shall cause irreparable injury to Lionpoint, which damage may be difficult to calculate, and shall entitle Lionpoint to extraordinary and equitable relief, including but not limited to temporary restraining orders and preliminary and permanent injunctions, waiving (where you are permitted to do so) any requirement for the posting of a bond or security.

Contact Information

If you have any questions regarding these Terms and Conditions of Use, our Privacy Policy or any other issue, please contact Lionpoint at info@lionpointgroup.com.