TERMS AND CONDITIOS OF USE

DZ

About us

These Terms and Conditions of Use were last modified in November 2009.

You may use this web site and any of its pages, or related web sites (collectively “Web Site”), only if you agree to the following terms and conditions. If after reviewing the Terms, you disagree with or do not understand any of the Terms, please EXIT this Web Site. Your only recourse for disagreement with the Terms or dissatisfaction with this Web Site, or any of its pages, is to stop using this Web Site. By using this Web Site you agree to be bound by the Terms of this Web Site and all applicable laws and/or regulations.

NATURE OF WEB SITE AND JURISDICTION

This Web Site is intended only to provide information about DZ Capital Funding (“DZCF”) and the services it offers. DZ Capital Funding may, at any time and without notice, change the content or information on this Web Site and the services it offers. NOTE: NOT ALL PRODUCTS AND SERVICES ARE AVAILABLE IN ALL JURISDICTIONS AND GEOGRAPHICAL LOCATIONS. Eligibility for services offered by DZ Capital Funding is subject to the final determination of DZ Capital Funding and all applicable U.S. Federal, State or local statutes or regulations and any restrictions or limitations imposed by any supervisory or regulatory authority.

CHANGES TO TERMS OF USE

DZ Capital Funding reserves the right to modify, change or revise the Terms at any time without prior notice to you. You are responsible for regularly checking the Terms of this Web Site for any changes, revisions or modifications. By using this Web Site, you agree to be bound by the subsequent changes, revisions or modifications of the Terms of this Web Site whether or not you have reviewed such revised Terms.

LINKS

These Terms apply only to this Web Site and not to the sites of any third parties to which this Web Site may link (“Third Party Sites”). DZ Capital Funding has no control over these Third Party Sites, all of which have their own terms and conditions, security and privacy policies. DZ Capital Funding shall not be liable or held responsible for the contents, services, products, information, or materials obtained from or made available by these Third Party Sites. The Third Party Sites to which this Web Site may link or the Third Party Sites’ contents, services, products, information, or materials appearing on this Web Site are not to be construed or interpreted as an express or implied endorsement, approval, sponsorship or authorization by DZ Capital Funding of these Third Party Sites and/or their contents, services, products, information or materials.

INTELLECTUAL PROPERTY

The contents contained in this Web Site, including but not limited to web pages, works of authorship, brands, designs, text, logos, images, graphics, interfaces, or code (“Intellectual Property”) are, unless expressly stated otherwise, the sole property of DZ Capital Funding, its parent, its subsidiaries and affiliates and are protected by United States and international intellectual property laws and international treaties. Third Party Sites’ contents, services, products, information, or materials contained in this Web Site are the properties of their respective owners. Except as otherwise stated herein, the Intellectual Property, may not be copied, modified, altered, transmitted, displayed, distributed (for compensation or otherwise), sold, licensed, edited, published, framed, exploited, stored for subsequent use or otherwise used in whole or in part in any manner by you or your agent without the prior written consent of DZ Capital Funding. You may download or make one copy of downloadable materials displayed on this Web Site on a single computer for personal use, provided that the same are not used for any commercial purpose, are not to be distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the copyrighted materials are left intact. Any modification of the materials contained in this Web Site, or any portion thereof, or use of the materials for any purpose, other than as expressly permitted hereby, constitutes an infringement of copyright, intellectual property rights, and other proprietary rights of DZ Capital Funding and their respective third party owners.

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millenium Copyright Act, DZ Capital Funding designates the agent listed below to receive notifications of claimed infringement. All notifications of claimed infringement should be sent to the following:

Miriam O. Hyman, Esq.
Duane Morris LLP
650 Fifth Avenue, 26th Floor
New York, NY 10019
Phone: +1 (646) 693-0227

Please include with your Notification ALL the following information.

(1) physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DZ Capital Funding to locate the material;
(4) information such as an address, telephone number, and if available, an electronic e-mail address at which the complaining party may be contacted by DZ Capital Funding;
(5) a statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

LIMITATIONS ON SERVICE INFORMATION AND LIABILITY

The data provided on this Web Site is for information purposes only and is subject to revision. It is not a substitute for your periodic statement. The information and materials contained in this Web Site are provided on an “AS IS” basis and without warranties of any kind, either express or implied. DZ Capital Finding does not attest to the accuracy, authenticity, correctness, truthfulness, integrity, legality, precision or validity of any of the information or materials contained in this Web Site, and it makes no commitment to update any of the information or materials contained in this Web Site. DZ CAPITAL FUNDING HEREBY EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS CONTAINED IN THIS WEB SITE. DZ CAPITAL FUNDING, ITS PARENT, SUBSIDIARIES OR AFFILIATES, DO NOT MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, ACCURACY, ADEQUACY OR COMPLETENESS, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FREEDOM FROM COMPUTER VIRUS.

This web site may contain typographical errors.

Nothing on the DZ Capital Funding Web Site shall be construed, interpreted or considered to be a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.

The securities and financial instruments are not insured by Federal Deposit Insurance Corporations (FDIC) or any Government Agency, are not guaranteed by DZ Capital Funding, and are subject to investment risks, including possible loss of the principal amount invested.

The information and materials in this Web Site are provided by DZ Capital funding and other content providers with the understanding that it does NOT constitute the rendering of legal, accounting, tax, career or other professional advice and services. Thus, you should not rely upon or use the information and/or materials in this Web Site as a substitute for consultation with professional advisers. None of the information and materials contained in this Web Site should be construed as an investment recommendation or endorsement by DZ Capital Funding. By using this Web Site, you agree not to hold DZ Capital Funding liable for any possible claim for any damages, direct or indirect, arising from any decision you make based on any information or materials contained in this Web Site.

In no event shall DZ Capital Funding be liable or responsible for any damages, including without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this Web Site or its use, including, without limitation, (i) the inability to use this Web Site for any reason, including, among other things, impossibility, unavailability or interruption of access, errors, omissions, faults, delays in the transmission of information or in processing transactions, computer viruses or other code or component that might affect your computer system or other property, faulty hardware, faulty phone line systems or any software program, product or service, failure in any of the Web Site’s components, or any directly or indirectly related equipment, system, programming or network (including, without limitation, the Internet) even if DZ Capital Funding is aware of such problems; (ii) the interception, alteration or otherwise by any third party of the information, technical material or other content available in this Web Site or which you sent to the Web Site; (iii) any breach of security involving this Web Site, unless DZ Capital Funding otherwise expressly accepts liability elsewhere; (iv) the failure of the materials on this Web Site to be correct, accurate, timely, or otherwise reliable; or (v) the use of this Web Site or the information on this Web Site. DZ Capital Funding does not provide, endorse or guarantee any of the information, recommendations, products or services of any third parties or third party sites, nor does it accept any liability in connection with the security measures employed by such third parties or third party sites.

THIRD PARTY CONTENT

The DZ Capital Funding Web Site includes information, commentary, research reports or data concerning the financial markets, securities and other subject matter provided by or obtained from companies or entities that are not affiliated with DZ Capital Funding (“Third Party Content”). Third Party Content providers may include, but are not limited to, Dow Jones, Market Watch, and Reuters. The Third Party Content is published on this Web Site or is available through framed areas, through hyperlinks to third party web sites. The Third Party Content is protected by United States and international intellectual property laws and international treaties and is owned or licensed by its Third Party Content provider/owner.

DZ Capital Funding has not been involved in the research, data gathering, preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.

While DZ Capital Funding makes every attempt to provide accurate and timely information to serve the needs of its clients, neither DZ Capital Funding nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products or other material on or available from third party sites. Third Party Content is provided for informational purposes only and DZ Capital Funding and Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the Web Site. You will use Third Party Content only at your own risk. The Third Party Content is provide on an “as-is” and “as available” basis.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless DZ Capital Funding, its affiliates and their respective directors, officers, employees, licensors and agents from and against all claims, losses, damages, costs and expenses, including attorneys’ fees, made by you or any other person arising from your use of this Web Site or the contents and materials thereof, your violation or breach of the Terms of this Web Site, or your violation of any applicable federal or state laws or regulations.

GOVERNING LAW

By using this Web Site you agree that the Terms of this Web Site and/or any disputes that may arise between you and DZ Capital Funding shall be governed by and construed in accordance with the internal laws and judicial decisions of the State of New York, without regard to conflicts of law principles whether or not you reside in New York or transact business in New York or anywhere in the United States. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts of the State of New York.




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