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Welcome to the Web site of Sonz Partners.           Paul D. Sonz Partners Terms of Service(Revised January 2002)PLEASE REVIEW ALL OF THE TERMS AND CONDITIONS THAT FOLLOW(INCLUDING OUR LIMITATIONS ON LIABILITY). BY USING THIS WEBSITE, YOU AGREE TO ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.This website (the “Site”) is operated by Paul D. Sonz Partners (“Sonz”) or its subcontractors. These Terms and Conditions govern the use of this website (the “Site”) by visitors to the Site, including registered subscribers (“Users”). In these Terms and Conditions, “you” and “your” refer to the person (or authorized entity representative) named in the Confidential Investor Questionnaire for a particular User. We also use the term “User” to mean both you and any person who has permission to access the Service. “We” and “us” refer to Paul D. Sonz Partners.This Site is for use only by accredited investors within the meaning of the U.S. Securities Act of 1933, as amended, who meet the qualifications set forth in the Confidential Investor Questionnaire. The Site is NOT to be used for any personal, family or household purposes. We may from time to time unilaterally amend the Terms and Conditions by posting the revised language on the Site. Amendments will become effective 10 days after such posting. Except as required by law, your continued use of the Site after amendments are posted (or, in the case of amendments imposing or changing fees or charges, after expiration of the 30-day period) will constitute acceptance of such amendments. We may at any time and in our sole discretion modify or discontinue any aspect or component of the Site or to remove any information or documents from the Site.1. Use of Site; Restrictions. Sonz authorizes you to view and download all information and documents provided on the Site (the “Materials”), provided that you retain all copyright and other notices contained in the original Materials on any copies of the Materials, do not provide the Materials or access to the Site to any third party, and remain in compliance with these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site and the Materials automatically terminates and you must destroy any downloaded or printed Materials in your possession. While using the Site or the Service, you may not:retransmit, republish, distribute, reuse, repost, re-engineer, modify, create derivative works from, or make multiple copies of the Site or any Materials without Sonz’s prior written consent; alter, interfere with or disrupt the Materials or functioning of the Site, including but not limited to limited to interfering with the Site’s security measures or interfering with, capturing, intercepting or expropriating the Site or any Materials use the Site to gain unauthorized entry or access to other computers or networks; “mirror” the Site or any of its content or Materials on any other server; use bots, spiders or other automated information-gathering devices or programming routines to “mine” information or Materials displayed on the Site, for any purpose whatsoever; impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or disguise the origin of any email that you transmit via the Site; or use the Site or the Materials in any way that constitutes a criminal offense, gives rise to civil liability or otherwise violates any law.2. Subscription.a. When you establish your subscription, you will receive a password that you will use for the purpose of establishing your identity when you sign in to the Site or make inquiries to our staff. You are responsible for safeguarding your password, and you are responsible for any actions taken or statements made through the use of your password. Please notify us immediately at (707) 255-0766 if you believe that the security of your password has been compromised.b. You agree (i) to provide information in the Confidential Investor Questionnaire that is accurate and complete; (ii) to update your information as necessary so that it remains accurate and complete; and (iii) not to impersonate any other person, operate under an alias or otherwise conceal your identity.c. The right to use the Site is limited to one designated person representing the User. The right to use the Site is not transferable to any other person or entity without Sonz’s prior written approval. You agree not to authorize any other person to use your subscription or password.d. Data collected from you in connection with establishing your subscription or via your use of the Site is subject to our Privacy Policy.e. Facilities Used to Access the Site. You are responsible for obtaining, maintaining and paying for all telephone, computer hardware and Internet services needed for access to or use of the Site.3. Copyrights and Other Proprietary Rights. All content on the Site, including text, software, photos, graphics, logos, button icons, images and audio clips, is the copyrighted property of Sonz or other content suppliers and is protected by law, including without limitation U.S. and foreign copyright laws and international conventions. Sonz owns copyrights in the selection, coordination, arrangement and enhancement of such content, as well as in the content created by it. Any unauthorized use of Materials may violate securities laws, copyright laws, trademark laws, the laws of privacy and publicity and communications statutes or regulations. Except as permitted herein or with Sonz’s written permission, you may not copy, redistribute, publish, post, retransmit, download, transfer, modify or create derivative works, or in any way commercially exploit any of the content, in whole or in part. You may view and download Materials from the Site, provided that you retain all author attribution, copyright, trademark and other proprietary notices displayed on the materials. You are not authorized to change or delete author attribution, trademark legends, copyright notices and other proprietary notices. You acknowledge that you do not acquire any ownership rights by viewing or downloading such material.4. Trademarks. Paul D. Sonz Partners is a trademark of Sonz. All other trademarks appearing on the Site are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to display or use any trademark displayed on the Site, without the written permission of the trademark owner. If you believe that material included on this Site infringes such rights, contact us promptly so that we may investigate the situation and, if appropriate, block or remove the material.5. Links to Third Party Sites. The Site may from time to time display links to websites sponsored by third parties. If you click on one of these links or websites, you will be leaving the Sonz Site. Sonz is not responsible for the content or operation of third-party websites reached by virtue of such links, and the presence of such links does not imply that Sonz endorses or is affiliated with such websites or third party sponsors.6. Termination. Either party may terminate this Agreement at any time and for any reason. Without limiting the foregoing, Sonz may in its sole discretion immediately with or without notice terminate any passwords, User Accounts or any person’s use of the Site.7. Disclaimer of Warranties. The Site and the Materials are made available on an “as is” and “as available” basis and without warranties of any kind, either express or implied, including but not limited to warranties of title, warranty of non-infringement, or implied warranties of merchantability or fitness for a particular purposes. Sonz does not warrant that the Site will be secure, uninterrupted, or error free, or that defects in the Site, if any exist from time to time, will be corrected. Sonz will not be responsible for errors, omissions, interruptions, deletions, defects, and delays in operation or transmission, communication line failure, or computer viruses associated with the operation of the Site. No Sonz employee or agent is authorized to create any warranty not expressly made herein.8. Limitation of Liability. To the extent allowed by applicable law, neither Sonz nor any of its officers, directors, employees, agents, successors or assigns will be liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages (including without limitation damages resulting from lost data, lost profits or costs of procurement of substitute products or services) arising out of or in connection with the Site. In no event will the liability of Sonz or its officers, directors, employees, agents, successors or assigns under any theory of liability (whether in contract, tort (including negligence or strict liability), or otherwise) exceed $500, regardless of whether such parties have been advised of the possibility of such damages.9. Indemnity. You agree to defend, indemnify and hold harmless Sonz and its affiliates from any and all claims, liabilities, costs and expenses (including reasonable attorneys’ fees) arising in any way from use of the Site by you or users of your User Account or related to any violation of these Terms and Conditions by you or users of your User Account.10. Your Communications with Sonz. Sonz welcomes your comments. However, Sonz does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them in writing. Please do not send Sonz any creative or original materials. Any communication or material you transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary.11. Notices. Except as otherwise expressly provided in these Terms and Conditions, notice shall be given as follows:To Sonz:By email to: lee@sonzpartners.comOr by first class mail, postage prepaid to:Paul D. Sonz PartnersAttention: Lee O’Dwyer1001 Second Street, Suite 255Napa, California 94559 To Users: By email to the email address provided in the User’s Confidential Investor Questionnaire.Notices shall be deemed effective on the day an email is sent.12. Location; Governing Law; Arbitration.a. Sonz controls and operates this Site from its offices in Napa, California. This is site is operated for the sole benefit of Users based and operating in the United States, and is not directed at any other country or region. Use of this Site will be deemed to take place solely in California. If you use this Site from other locations you are responsible for compliance with applicable local laws. The Terms and Conditions will be governed by the substantive laws of the State of California, as applied to contracts entered into between California residents and performed in California, regardless of whether you reside or transact business with Sonz in California or elsewhere.b. Any controversy or claim involving Sonz and any User or visitor to the Site and relating to the Site will be subject to binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Napa, California before a single arbitrator selected by mutual agreement of the parties to the dispute within ten business days of submission to the American Arbitration Association. If the parties cannot agree on an arbitrator, the arbitrator will be selected pursuant to the American Arbitration Association’s Commercial Arbitration Rules. Judgment may be entered on the arbitrator’s decision in any federal or state court with jurisdiction over the parties and the subject matter. The foregoing notwithstanding, Sonz may seek interim or permanent injunctive or other equitable relief from a state or federal court of competent jurisdiction located in California if such relief is necessary to protect Sonz’s intellectual property rights or to prevent violations of the securities laws.13. Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it enforceable, and the remainder of the Terms and Conditions shall continue in full force and effect.14. Waiver. Any waiver by Sonz of the performance or satisfaction of any provision hereof will not be considered to be a waiver of any other similar or dissimilar covenant or condition hereunder, nor will it be considered a continuing waiver of the same provision in the future.15. Entire Agreement. The Terms and Conditions constitute the entire agreement between you and Sonz with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms and Conditions may not be amended except by Sonz as provided herein.Further Inquiries.If you have questions that are not in the Terms and Conditions above, please don’t hesitate to contact us by mail, courier, facsimile or email as follows:Paul D. Sonz Partners1001 Second Street, Suite 255Napa, California 94559Tel: (707) 255-0766Fax:(707) 255-1766lee@sonzpartners.comWe will contact you by return email. By providing us with your email address, you agree that you will accept all electronic communications from us at your email address and will not make any claims against us if you do not receive communications we send to your email address. You agree to notify us promptly if your email address changes. We may monitor or keep records of your communications with us in order to monitor the quality of our service.I Accept These Terms and Conditions.Copyright © 2002, Paul D. Sonz Partners. All rights reserved. Copyright © 2005 Paul D. Sonz Partners. All rights reserved. Web site design by WorldZOO |
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