I. Consent

Please read these TERMS OF USE CAREFULLY before using this website (“Site”). By accessing this Site, you agree to be bound by these TERMS OF USE. If you do not agree to these TERMS OF USE, do not access this Site. HAUSCH & COMPANY, INC. (HCO) Reserves the right to change these TERMS OF USE at any time, at its discretion and without notice to you; HOWEVER, all such changes will be posted to this Site. HCO encourages you to review the TERMS OF USE every time you use the site, so you are aware of any changes. The TERMS OF USE that apply to you at any given time are the current TERMS OF USE.

HCO retains the right to deny access to this site to anyone at its discretion for any reason, including for violation of any of these TERMS OF USE. This Site provides links to other websites, whether or not they are affiliated with HCO. These other websites may have their own terms of use policies that are different from or in addition to these TERMS OF USE as stated. By accessing websites through the links provided on this site, YOU AGREE TO ABIDE BY THESE TERMS OF USE.

II. Copyright, Trademarks & Intellectual Property Rights

Copyright © Hausch & Company, Inc, All Rights Reserved. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Site, and the “look and feel” of the Site), images, graphics, animation, videos, music, sounds, articles, copy, creative, trademarks, logos, and subsidiary, parent, or affiliate company names and other materials on this Site are subject to the intellectual property rights of HCO, its subsidiaries and affiliates, and their respective licensors and licensees. These materials may not be copied for any commercial use, reverse engineered, decompiled, or disassembled, nor may these materials be modified, re-posted to other websites, or otherwise redistributed in any form. Nothing contained on the Site, including, but not limited to, the HCO trademark, intellectual property right or copyrighted material can be used for commercial use of any kind without HCO’s prior written permission. Any unauthorized use of these materials will violate HCO’s intellectual property rights and will be subject to HCO’s full legal rights and remedies.

III. Limited Right to Use Site Content

The viewing, printing or downloading of any content from the Site grants you only a limited, non-exclusive, revocable license for use solely by you for your personal use and not for republication, distribution, assignment, sublicense, transfer, sale, preparation of derivative works or other non-personal use. No part of any content, graphics or document may be reproduced in any form for anything other than your personal use.

You may not create a web page or site or computer application of any kind that links to this Site, any page of this Site, or any graphic, trademark or other proprietary information of any kind located on this Site nor may you use meta tags or any other type of hidden text utilizing HCO or any of its affiliates’ names, trademarks or intellectual property rights on a website without HCO’s express written permission. Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all materials contained therein are reserved by HCO. Your right to access this Site may be terminated at any time by HCO without notice.

IV. Editing, Deleting and Modification

HCO reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the Site, including these TERMS OF USE, at any time without notice.

V. System Integrity

You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Site or to, without authorization, intercept any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on the Site’s network or other infrastructure.

VI. Privacy Policy

HCO recognizes the importance of respecting the privacy of those who visit this website and choose to take advantage of the services and information offered at this Site. The Hausch & Company, Inc. Privacy Policy provides an overview of what you can expect when you use our services or simply browse our Site.

VII. No Confidentiality Concerning Submissions or Feedback

All comments and feedback disclosed or offered by you to HCO shall be considered by HCO to be non-proprietary and non-confidential, and may be used by HCO without any further obligation to you whatsoever. By disclosing or offering such comments and feedback, you agree that HCO shall have no further confidentiality, non-use or other obligation to you.

VIII. Links to Other Web Sites

The Site may contain links to other websites that are completely independent of this Site. HCO is not responsible for the accuracy, content, or authenticity of the information or content contained in any such linked website, or for the products or services offered or sold through any linked website. Any links shall not be construed as an approval or endorsement by HCO of the linked website, or information, content, products or services provided. These links are made available only as a convenience to you. If you decide to access other websites through our Site, you do so at your own risk.

IX. Indemnification

You agree to indemnify, defend and hold HCO and its business partners, staff and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorneys’ fees and expenses, related to either your violation of these TERMS OF USE or your use of the Site.

X. No Representation or Warranty

While HCO will use reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed, and HCO does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.

This Site and all content contained are provided to you “AS IS,” and “AS AVAILABLE.” No information obtained by you from HCO through this Site shall create any warranty not expressly stated herein.

Without limitation, HCO disclaims all warranties regarding the availability of the Site, that this Site will operate error-free, that defects will be corrected, or that the site is free of viruses or other harmful components. Your use of this Site is AT YOUR OWN RISK, any content downloaded or otherwise obtained through this Site is provided AT YOUR OWN RISK, and you are solely responsible for any damage to your computer system or any data loss that may result from your use of the Site, including without limitation, damage resulting from computer viruses.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

XI. Disclaimer of Damages and Limitation of Liability

In no event shall HCO be liable for any direct, indirect, special, punitive, exemplary, consequential or other damages whatsoever, including but not limited to PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, without regard to the form of action (including but not limited to contract, negligence, or other tortuous actions) arising out of or in connection with your use or access of the Site or its content, even if HCO or its business partners, employees, representatives or affiliates have been advised of the possibility of such damage or loss.

In no event shall HCO’s total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, or ONE HUNDRED DOLLARS ($100) (whichever is less), for accessing or participating in any activity related to any HCO Site.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THEREFORE MAY NOT APPLY TO YOU.

XII. Governing Law Limitations

These TERMS OF USE shall be construed, interpreted and performed exclusively according to the laws of the State of Illinois, United States of America, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these TERMS OF USE or this Site shall be filed only in the Federal or state courts sitting in Illinois. You at this moment consent and submit to personal jurisdiction of such courts for any action related to the Site, your access or use thereof, or these TERMS OF USE, and to extra-territorial service of process.

The United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You agree to abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from this Site to or from any countries or foreign nations in violation of such laws or regulations.

Should any part or these TERMS OF USE be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these TERMS OF USE and shall not affect the validity and enforceability of any remaining provisions.

These TERMS OF USE constitute the only terms between HCO and you. These TERMS OF USE supersede any prior or contemporaneous agreements, representations, warranties and understandings concerning the Site, the content and/or services provided by or through the Site, and the subject matter of these TERMS OF USE. To the extent that anything in or associated with the Site is in conflict or inconsistent with these TERMS OF USE, the TERMS OF USE shall take precedence. HCO’s failure to enforce any provision of these TERMS OF USE shall not be deemed a waiver of such provision nor of its right to enforce such provision.