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Terms of Use - TheMagnet®

The Magnet® provides the content on this Web site (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms without notice to you, so please check back from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to these Terms. By accessing and using this Site, you agree to these Terms. If you are an External Advisor, you have agreed and are additionally subject to the Terms and Conditions of becoming an External Advisor (“Terms and Conditions”), and in the event of any conflict between these Terms of Use and the Terms and Conditions, the latter shall control.

1. Description of Service

This Site provides a variety of resources and information for users to find, engage and manage expert networks (the “Services”). The Site does not provide investment or legal advice, and no attorney-client relationship is created between users of the Services and TheMagnet® or its licensors.

2. External Advisors Disclaimer

Some of the content on this Site, including without limitation, the text, software, scripts, graphics, videos and the like (“Site Content”) is created and developed by External Advisors and provided to TheMagnet® under license for dissemination over the internet. External Advisors Content includes, among other things, TheMagnet® News, TheMagnet® presentations and other Insight materials, and External Advisors short bio information. TheMagnet® cannot guarantee and makes no representations as to the accuracy or quality of External Advisors Content, all of which is offered “as is”. TheMagnet® does not own, develop, endorse, and is not responsible for External Advisors Content. The use of a company or entity name in External Advisors bio information should not be construed as an express or implied endorsement by such company or entity of TheMagnet® or an express or implied endorsement by TheMagnet® of such company or entity. External Advisors are not employees or under the supervision of TheMagnet®. External Advisors have agreed to be bound by the Terms and Conditions and have represented, among other things, which they will not disclose information that is subject to a confidentiality obligation or participate in the Partnerships in violation of any agreements or duties owed to employers or other third parties. TheMagnet® relies on the accuracy of these representations of the External Advisors and does not necessarily seek independent verification.

3. Confidentiality Agreement

External Advisors have agreed to and are bound by the Non-Disclosure provision of the Terms and Conditions. If you are not an External Advisor, you agree not to disclose or attempt to use or personally benefit from any Confidential Information, as defined below. This obligation shall continue until such time as the Confidential Information has become publicly known through no action of your own. Confidential Information shall include:

(i) the existence, title and description of any TheMagnet® project;

(ii) information about actual or potential business, investment or trading decisions or transactions of any TheMagnet® Client;

(iii) any other confidential information of TheMagnet® or its Clients, and

(iv) any intellectual property, including without limitation any trade secrets, know-how, or copyrighted information, of TheMagnet® or its Clients. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any Confidential Information, you agree to promptly and diligently notify TheMagnet® and cooperate fully with TheMagnet® in protecting such information to the extent possible under applicable law.

4. Intellectual Property Rights

Site Content and the trademarks, service marks and logos contained therein “Marks”) are owned by or licensed to TheMagnet®, subject to copyright and other intellectual property rights under Cypriot, European Economic Community and foreign laws and international conventions. Site Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of the respective owners.

5. To Report A Concern About Content On The Site

If you believe that any content on the Site is in any way unlawful, defamatory, threatening, deceptive, misleading, subject to a confidentiality obligation, or constitutes material, non-public information, notify The Magnet® at info@themagnet.com.cy.

6. Copyright Policy

TheMagnet® prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to TheMagnet® at the address shown below, giving a written statement that contains:

(a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed;

(b) identification of the allegedly infringing material on the Site that is requested to be removed;

(c) your name, address, and daytime telephone number, and an e-mail address if available;

(d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;

(e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and

(f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. TheMagnet® will process notices of alleged infringement which it receives and will take appropriate action as required by Cyprus Copyright Act. EU Copyright laws provide significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

The Magnet® contact for submission of notices under this Section regarding claimed copyright infringement is: TheMagnet®, 1 Ilektras street, 2450 Kato Deftera, Nicosia, Cyprus, email: info@themagnet.com.cy, phone: +357 22279730, fax: +357 22279739.

7. Privacy Policy

You understand that your access to the site will result in the collection, use and storage of your information which is subject to our Privacy Policy. Through your access to the site, you consent to the collection, use and storage of such information, which will be held in Cyprus and may be process and stored by The Magnet®. For an explanation of The Magnet®’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.

8. Disclaimer of Warranties

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT TheMagnet® IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. The Magnet® MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR THAT THE FUNCTIONALITY ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL The Magnet® OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF The Magnet® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

9. Indemnification

As a condition of your use of this Site, you agree to indemnify, defend and hold TheMagnet®, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from

(a) your violation of the Terms;

(b) your use of the Site; or

(c) your violation of the rights of any third party.

10. Third-Party Web Sites

We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties. TheMagnet® does not endorse and has no responsibility for the availability or content of these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers. TheMagnet® shall have no liability or responsibility, directly or indirectly, for any damage or loss caused or alleged to be caused by the use or reliance on any content, goods or services available on or through such site.

11. General Terms

Governing Law; Jurisdiction: These Terms are governed by the laws of the Republic of Cyprus and EU Law without reference to the principles of conflicts of laws thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Cyprus, the Laws of the Republic of Cyprus with respect to all disputes arising out of or related to these Terms. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Complete Agreement: These Terms sets forth the entire understanding between you and TheMagnet® and supersedes all prior version of the Terms. In addition, you may also be subject to additional terms and conditions when you use or access other TheMagnet® or TheMagnet® affiliate services or content.

Severability: If any provision of these Terms is declared void, or otherwise unenforceable, such provision shall be deemed to have been severed from these Terms which shall otherwise remain in full force and effect.