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TERMS AND CONDITIONS
THE OHIO PERS/CREDIT SUISSE OHIO-MIDWEST FUND, L.P.
www.ohioinvestmentfund.com
TERMS AND CONDITIONS OF USE
1. Introduction
This page states the Terms and Conditions under which you may use
www.ohioinvestmentfund.com (the "Web Site"). Please read this
page carefully. If you do not accept these Terms and Conditions,
do not use the Web Site. By using the Web Site, you are indicating
your agreement to be bound by these Terms and Conditions. The Ohio PERS/Credit Suisse Ohio-Midwest Fund ("OPOMF" or "OIF") may
revise these Terms and Conditions at any time by posting an update
to this page. You should visit this page periodically, because your
continued use of the Web Site following the posting of changes to
these Terms and Conditions will mean you accept those changes. The
terms "you" and "user" as used herein refer to all individuals and/or
entities accessing the Web Site for any reason.
2. Use of Material
The contents of the Web Site, including, but not limited to, text,
graphics, sounds, images and other material (the "Material"), are
owned by the OIF and its licensors and vendors, and are protected by
United States and foreign intellectual property laws. Unauthorized
use of the Material may violate copyright, trademark and other laws.
The OIF authorizes you to view and download a single copy of the Material
on the Web Site, provided you retain all copyright and other proprietary
notices contained in the original Material on any copy you make
of the Material. You may not sell or modify the Material or reproduce,
display, publicly perform or distribute the Material. The use of
the Material on any other web site or in a networked computer environment
for any purpose is prohibited.
You may not copy or adapt the HTML or other code that the OIF uses
to generate its pages. This code is also protected by the OIF's copyright
and other intellectual property rights.
3. Site Use
General Rules: You may not use the Web Site in order to transmit,
distribute, store or destroy material (a) in violation of any applicable
law or regulation, (b) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of
others or violate the privacy, publicity or other personal rights
of others, or (c) that is defamatory, obscene, threatening, abusive
or hateful.
Security Rules: You are prohibited from violating or attempting
to violate the security of the Web Site or from using the Web Site
to violate the security of other web sites by any method, including,
without limitation, (a) accessing data not intended for you or logging
into a server or account which you are not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measurers without
proper authorization, (c) attempting to interfere with service to
any user of the Web Site, host or network, including, without limitation,
via means of submitting a virus to the Web Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing" the Web Site, (d) sending
unsolicited e-mail, including promotions and/or advertising of products
or services, or (e) forging any OIF packet header or any part of
the header information in any e-mail or newsgroup posting. Violations
of system or network security may result in civil or criminal liability.
The OIF may investigate violations of these Terms and Conditions and
may involve and cooperate with law enforcement authorities in prosecuting
users of the Web Site who are involved in such violations.
Specific Prohibited Uses: the OIF specifically prohibits any use of
the Web Site, and you agree not to use the Web Site, for any of
the following:
- distributing or otherwise publishing, without the OIF's approval,
any material containing any solicitation of funds, promotion,
advertising, or solicitation for goods or services;
- soliciting other users of the Web Site to join or become members
of any online service;
- deleting or revising any material posted by any other person
or entity; or
- "scraping" or otherwise copying any of the Materials.
4. Linking to the Web Site
If you would like to link to the Web Site, you must comply with
the following. A web site that links to the Web Site:
- may link to, but not copy, the Materials;
- should not frame or create a browser or border environment around
the Materials;
- should not imply that the OIF is endorsing your web site or your
products;
- should not misrepresent your relationship with the OIF;
- should not present false information about the OIF products or services;
- should not use the OIF trademarks or logos without permission from
the OIF; and
- should not contain content that could be construed as distasteful
or offensive.
5. User Submissions
As a user of the Web Site, you are responsible for your own communications
and are responsible for the consequences of their posting. You agree
not to:
- post material that is copyrighted, unless you are the copyright
owner or have the permission of the copyright owner to post it;
- post material that reveals trade secrets, unless you own them
or have the permission of the owner;
- post material that infringes on any other intellectual property
rights of others or on the privacy or publicity rights of others;
- post material that is false, misleading, obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another
user or any other person or entity;
- post a sexually-explicit image or statement;
- post chain letters or pyramid schemes; or
- impersonate another person.
The OIF does not represent or guarantee the truthfulness, accuracy,
or reliability of communications posted by users or endorse any
opinions expressed by users. You acknowledge that any reliance on
material posted by other users will be at your own risk.
The OIF has no obligation to screen communications in advance and is
not responsible for screening or monitoring material posted by users.
If notified of communications that allegedly do not conform to these
Terms and Conditions, the OIF may investigate that allegation and determine
in good faith and its sole discretion whether to remove or request
the removal of the communication. The OIF has no liability or responsibility
to users for performance or non-performance of such activities.
The OIF reserves the right (i) to expel users and prevent their further
access to the Web Site for violating these Terms and Conditions
or the law, and (ii) to remove communications that are abusive,
illegal, disruptive or which otherwise do not conform to the provisions
of these Terms and Conditions.
By submitting content to the Web Site, including message boards,
you grant the OIF and its affiliates the royalty-free, perpetual, irrevocable,
non-exclusive right and license (including a waiver of any moral
rights) to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public, perform
and display the content (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or technology
now known or later developed, for the full term of any rights that
may exist in such content. You also warrant that the holder of any
rights, including moral rights in such content, has completely and
effectively waived all such rights and validly and irrevocably granted
to you the right to grant the license stated above. You also permit
any user of the Web Site to access, display, view, store and reproduce
such content. Subject to the foregoing, the owner of such content
placed on the Web Site retains any and all rights that may exist
in such content.
6. Registration and Password
You are responsible for maintaining the confidentiality of your
user ID and password. You are responsible for all uses of your user
ID, whether or not authorized by you. You agree to not share your
user ID or password with any third party. You agree to immediately
notify the OPOMF of any unauthorized use of your user ID or password.
7. The OPOMF's Liability
The Material may contain inaccuracies or typographical errors.
The OPOMF makes no representations about the accuracy, reliability, completeness,
or timeliness of the Web Site or the Material. The use of the Web
Site and the Material is at your own risk. We reserve the right,
at our discretion, to modify, add, or remove portions of the Web
Site at anytime without notice.
You acknowledge and agree that you are solely responsible for the
form, content and accuracy of any material placed by you on the
Web Site.
OPOMF DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE
MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT
OR DATA, OPOMF IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. OPOMF, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE
AND NON-INFRINGEMENT. OPOMF MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS OR LINKS.
8. Disclaimer of Consequential Damages
IN NO EVENT WILL THE OPOMF, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIAL,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE OPOMF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Links to Other Sites
The Web Site may contain links to third party web sites. These
links are provided solely as a convenience to you and not as an
endorsement by the OPOMF of the contents on such third-party web sites.
The OPOMF is not responsible for the content of linked third-party sites
and does not make any representations regarding the content or accuracy
of materials on such third-party sites. If you decide to access
linked third-party sites, you do so at you own risk.
The OPOMF does not make any representations or warranties as to the security
of any information (including, without limitation, credit card and
other personal information) you might be requested to give any third
party, and you hereby irrevocably waive any claim against us with
respect to such sites. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding
with any online or off-line transaction with any of these third
parties.
10. Limitation of Liability
The aggregate liability of the OPOMF to you for all claims arising from
the use of the Website and the Materials is limited to $100.
11. Termination
The OPOMF reserves the right, at its sole discretion, to immediately
terminate your registration with, or ability to access, the Web
Site and/or any other service provided to you by the OPOMF, upon any breach
by you of these Terms and Conditions.
12. Indemnity
You agree to defend, indemnify, and hold harmless the OPOMF, its officers,
directors, employees and agents, from and against any claims, actions
or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Material or your
breach of the terms of these Terms and Conditions. The OPOMF will provide
notice to you promptly of any such claim, suit, or proceeding and
will assist you, at your expense, in defending any such claim, suit
or proceeding.
13. General
The OPOMF makes no claims that the Materials may be lawfully viewed or
downloaded outside of the United States. Access to the Materials
may not be legal by certain persons or in certain countries. If
you access the Web Site from outside of the United States, you do
so at your own risk and are responsible for compliance with the
laws of your jurisdiction. These Terms and Conditions are governed
by the internal substantive laws of the State of Ohio, without
respect to its conflict of laws principles. Jurisdiction of any
claims arising under these Terms and Conditions will lie exclusively
with the state or federal courts within Columbus, Ohio. You
agree that you may not institute any action in any form arising
out of use of the Web Site, the Materials or these Terms and Conditions
more than eighteen (18) months after the cause of action has arisen.
If any provision of these Terms and Conditions is found to be invalid
by any court having competent jurisdiction, the invalidity of such
provision will not affect the validity of the remaining provisions
of these Terms and Conditions, which will remain in full force and
effect. No waiver of any provision of these Terms and Conditions
will be deemed a further or continuing waiver of such provision
or any other provision. Except as expressly provided in another
statement posted by the OPOMF on the Web Site, these Terms and Conditions
constitute the entire agreement between you and the OPOMF with respect
to the use of Web Site. No changes to these Terms and Conditions
may be made except by a revised posting on this page.
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