WELCOME TO THE acretivPartners WEB SITE (THE “SITE”), A PROPERTY OF acretivPartners, LLC (“acretivPartners”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SITE. If you do not agree or cannot comply with these Terms and Conditions, please do not access or otherwise use this Site. By using this Site, you signify your agreement to these Terms and Conditions and agree to be bound by the same.

Acceptable Use

We may restrict your access or revoke your right to use this Site without giving you notice. You may only use this Site for lawful purposes and may not disrupt, modify or interfere with this Site, any associated software, hardware or servers or any use of this Site by third parties. Please check to make sure that your use of this Site complies with all applicable local, state and federal laws.

Any textual or graphic materials you copy, print, or download is licensed to you by aP for your personal use only. Scraping is strictly prohibited. Under no circumstances may you modify any of the textual or graphic materials found on this Site or create derivative works therefrom. Should you fail to comply with any provision of these Terms and Conditions, this limited license will automatically terminate.

Hyperlinks

We are not responsible for, and do not endorse the contents or information provided on any hyperlinked Sites operated by unaffiliated third parties which may be provided to you for your reference. By using this Site to link to another site, you understand that you may not make any claim against aP or any damages or losses caused by said linking.

You may not link your Site to any internal page on this site without the express written consent of aP. Permission is granted to only link your Site to the aP home page located at https://www.acretivPartners.com. Additionally, you may not frame any information located on this Site on another site without the express written consent of aP. Such consent may be requested by sending an email request to Linda Orton. The permission granted herein to link to the aP home page may also be revoked at any time without cause. Further, you may not link any Site that (i) violates any law or regulation; (ii) infringes the patent, copyright, trademark, trade secret or other intellectual property rights of others or violates any privacy, publicity or personal rights of others; or (iii) contains defamatory, obscene, threatening, abusive or hateful information or expressions.

Intellectual Property

acretivPartners logos and aP are service marks of aP. Other trademarks appearing on this Site are the property of their respective owners. Use of any trademarks owned by aP or use of aP’s marks as metatags is strictly prohibited without aP’s express written permission.

The aggregated and individual contents of this Site including, without limitation, text, photographs, graphic images and other materials (the “Works”) are protected under US and foreign copyright law. You have no right or license to reproduce, copy, edit, publish or transmit the Works except as set forth below without our express written permission.

aP does not grant you any express or implied right under any of its trademarks, copyrights or any other proprietary information appearing on the Site. In the event that you are granted any permission to use aP’s trademarks or copyrights, you acknowledge that you will not gain any ownership rights to the same.

Disclaimers

You are using this Site at your own risk. aP has no duty or policy to update any information or statements contained on this Site and, therefore, such information or statements should not be relied upon as being current as of the date you access this Site. Changes may be made without notice to the graphic and textual materials available on this Site and/or the services offered by aP described therein. The materials available on this Site may also include technical inaccuracies or typographical errors.

aP does not guarantee that any personal information submitted will remain private (see the Privacy Policy associated with this site). aP does not promise you that there will be no errors transmitting information to and from this Site. Additionally, aP does not promise that information you receive from this Site is accurate or reliable or that this Site is free of computer viruses or other harmful mechanisms.

You agree to waive any claims you may have against us for any damages that you may incur as a result of using this Site. aP may, however, make claims against you for use of this Site that violates our policies as posted on this Site. In addition, you agree to indemnify us for any claims brought against us for damages that result from your use of this Site or violations of our Terms and Conditions as posted by aP on this Site. This Site is controlled by aP from its offices within the State of Indiana, United States of America. aP makes no representation or warranty that the materials in this Site are appropriate or available for use in any locations outside of the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any claims regarding this Site will be governed under Indiana law and may only be brought in the Federal or state courts located in the State of Indiana. Therefore, by accepting these Terms and Conditions, you are agreeing to submit to the jurisdiction of such courts for any claims arising out of your use of this Site.

The content on this Site does not form any part of a subsequent contract entered into with any party purchasing products or services from aP.

THIS SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS, FREE OF CHARGE, WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. aP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. IF YOUR USE OF THE SITE OR THE MATERIALS THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, aP IS NOT RESPONSIBLE FOR THOSE COSTS.

aP DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS FREE SITE. aP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT aP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

Disclaimer of Consequential Damages

IN NO EVENT SHALL aP, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT aP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.