- ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
- COMPANY DISCLOSURE
This Site is made available for the purpose of providing potential borrowers in the forest products industry with information about the Forest Products Team of the Bond and Corporate Finance Group of John Hancock Life Insurance Company (U.S.A.), (the Company).
Nothing contained on this Site constitutes investment, insurance, securities, tax or legal advice. The Site does not contain any advice as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or insurance products. Decisions based on information contained on this Site are the sole responsibility of the User. The information contained in this Site is not an offer to sell or a solicitation of an offer to buy any security or any investment or insurance product or service. No security or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities laws or other laws of such jurisdiction. No such security, insurance or other product or service is offered or will be sold in any jurisdiction in which registration, licensing, qualification, filing or notification would be required unless such registration, license, qualification, filing or notification has been effected.
The Site may provide links to third-party websites or resources. Each User acknowledges and agrees that the Company is not responsible for the availability of such third-party sites or resources, and does not endorse, approve, investigate or verify, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Each User agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. These links are provided as a convenience and solely for informational purposes. The Company is not making any recommendation to invest in, purchase, or sell any securities or other products or services issued by the companies with the linked sites, nor has the Company sought to verify or confirm the information contained in the linked sites. Accordingly, the Company disclaims any responsibility for the linked sites.
- PROPRIETARY RIGHTS
Each User acknowledges that content, including but not limited to text, software, sound, photographs, video, graphics or other material contained on the Site ("Content"), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws, and each User is only permitted to use this Content as expressly authorized by the Company. These Terms do not transfer any right, title, or interest in the Site or the Content to any User, and no User may copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Company, provided Users may print out pages from the Site and make a reasonable number of copies of such pages for internal use within their organizations in accordance with these Terms. Users shall not remove, alter, or obscure any copyright, trademark, trade secret or other proprietary rights notices appearing in or on the Site, and shall reproduce all such notices on any copies of any copies of Content made by or on behalf of Users.
- USER CONDUCT
Each User agrees that it is solely responsible for its actions, and the content of its transmissions through or posting on the Site and that it will abide by all applicable local, state, national and international laws and regulations in use of the Site. Each User also agrees not to (i) upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) interfere or disrupt networks connected to the Site; (iii) use any device, software or routine in an attempt to interfere with the proper functioning of the Site or any transactions being offered at the Site; or (iv) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
- NOT DIRECTED AT CHILDREN
This Site is not directed at children, is not intended to market any product or service to children, and does not seek to solicit or obtain personal information from children.
All transmissions that Users submit in connection with this Site, including electronic mail inquiries, are submitted through the Internet, which is an unsecured, public network. Certain transmissions may be protected through encryption technology, and all such encrypted transmissions will be indicated. All other transmissions, however, are unsecured.
- MODIFICATIONS TO RULES
The Terms may be changed from time to time, without prior notice. Upon any such change the amended Terms will be posted on this Site. The amended Terms shall automatically become effective immediately after they are initially posted on this Site. The Terms were last revised on[date]. Each User's continued use of the Site after the posting of the amended Terms on this Site constitutes such User's affirmative: (a) acknowledgement of the Terms and any modifications; and (b) agreement to abide and be bound by the Terms, as amended.
- MODIFICATIONS TO SITE; TERMINATION
The Company reserves the right to modify or discontinue all or part of the Site, temporarily or permanently, with or without notice to any User, and is not obligated to support or update the Site. Each User acknowledges and agrees that the Company shall not be liable to any User or any third party in the event that the Company exercises the right to modify or discontinue all or part of the Site or for any failure to update the Site.
- DISCLAIMER OF WARRANTIES
EACH USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT ITS SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. EACH USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT IT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY.
- LIMITATIONS OF LIABILITY
Each User agrees that neither the Company, nor its parent, subsidiaries, or affiliates, nor any officer, manager, member, director, agent or employee of the Company or its parent, subsidiaries, or affiliates will be liable to such User or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, loss of profits, loss of earnings, loss of business opportunities, damages, expense, or costs resulting directly or indirectly from, or otherwise arising in connection with, the use or inability to use the Site by User or any third party, including without limitation any of the following:
A. Reliance. Damages resulting from or arising from any reliance on the Site or any Content on the Site, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the Site or any Content.
B. Infringement, Etc. Any allegation, claim, suit, or other proceeding based upon a contention that the use of the Site by any User or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.
C. Force Majeure. Any delay or failure of the Company to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond the Companys control.
Each User agrees to indemnify, defend and hold harmless the Company and its parent, subsidiaries, and affiliates, and the directors, officers, members, managers, agents and employees of the Company or its parent, subsidiaries or affiliates, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of the Site, such User's violation of the Terms, or the infringement by such User of any right of any person or entity.
In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of these Terms. The Company and User authorize a court or arbitrator to replace such an invalid, unenforceable or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable or void provision. The Companys failure to act with respect to a breach by User or others does not waive their right to act with respect to subsequent or similar breaches. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. Users hereby consent to personal jurisdiction by the state and federal courts located in Boston, Massachusetts. These Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.