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TERMS OF USE


EFFECTIVE: OCTOBER 1, 2016

Welcome to the Pacific Epoch website (the "Website") that is owned by JLM
Pacific Epoch, LLC ("Pacific Epoch," "we" and "us). BY USING OUR WEBSITE YOU ARE
ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE ("TERMS") AND OUR
PRIVACY NOTICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS
WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME
WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF
CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and
conditions may apply to the purchase of reports. By using this Website, you
agree to such terms and conditions.

Assistance. If you have any questions or comments, we invite you to contact us
by email at info@pacificepoch.com.

Subscriptions and Purpose of Use: The materials and services accessible through
this Website, including without limitation all relevant research and data, have
been made available by Pacific Epoch to its Subscribers. Prior to, and for the
duration of, accessing and using the materials and services available through
the Website, Subscribers must sign and adhere to the Master Research Services
Agreement, the Statement of Work, and/or any other relevant agreement(s)
provided by and/or entered into with Pacific Epoch. These agreements are
incorporated into and are a part of these Terms by reference. To the extent that
these agreements and the Terms conflict, the terms of the agreements shall
control. Subscribers and/or their Authorized Users shall access and use the
Website and the materials and services available through the Website solely for
the Subscriber’s internal business purposes.

Access to the materials and services available through the Website by
Non-Subscribers is only permissible upon the prior express consent of Pacific
Epoch. Non-Subscribers without the prior consent of Pacific Epoch may not access
and use the materials and services available through the Website.
Non-Subscribers accessing or using, copying, reproducing, republishing,
uploading, posting, transmitting, distributing, or modifying the materials and
services made available through the Website shall be liable for actual and
punitive damages including, but not limited to, those available under trade
dress, copyright, moral rights, trademark and other laws relating to
intellectual property rights. In the event Pacific Epoch grants permission to
any Non-Subscriber to access any such materials and services, such
Non-Subscriber agrees that access is limited to such Non-Subscriber’s personal
use and may not be used, shared, or distributed, in whole or in part, for any
other purpose or to any third party at any time.

Products and Specifications: Details of the products and services available for
purchase are set out on the Website. All features, content, specifications,
products and prices of products and services described or depicted on this
Website are subject to change at any time without notice. The inclusion of any
products or services on this Website at a particular time does not imply or
warrant that these products or services will be available at any time.
Occasionally, the distribution of a certain product or service may be delayed
for a number of reasons. In such event, we will make reasonable efforts to
notify you of the delay and keep you informed of the revised delivery schedule.

You acknowledge that Pacific Epoch may establish limits concerning use of the
products and content made available through our Website, including the maximum
number of days that content will be retained by us, the maximum number and size
of postings, email messages, or other content that may be transmitted or stored
by us, and the frequency with which you may access the Website and the content
available thereupon. You agree that Pacific Epoch has no responsibility or
liability for the deletion or failure to store any content maintained or
transmitted by us. You acknowledge that Pacific Epoch reserves the right at any
time to modify or discontinue the provision of the Website, its content and
products, or any part thereof, with or without notice, and that Pacific Epoch
shall not be liable to you or to any third party for such any modification,
suspension or discontinuance.

Charges: For all charges for any products or services sold on the Website,
Pacific Epoch will bill you in accordance with the Master Research Services
Agreement, the Statement of Work, and/or any other relevant legal agreement(s)
that you have signed with Pacific Epoch. You agree to adhere to the terms of
these agreements.

Copyright, Trademark and Ownership: All of the content displayed on the Website,
including without limitation text, research, data, graphics, photographs,
images, moving images, sound, and illustrations ("Content"), is owned by Pacific
Epoch, its licensors, agents or its Content providers. All elements of the
Website, including, without limitation, the Website’s general design, Pacific
Epoch’s trademarks, service marks, trade names (including Pacific Epoch’s name,
logos, the Website name, and the Website design), and other Content, are
protected by trade dress, copyright, moral rights, trademark and other laws
relating to intellectual property rights. The Website may only be used for the
intended purpose for which it is being made available. Subscribers to Pacific
Epoch’s materials and services, who are bound by a signed Master Research
Services Agreement and Statement of Work, may excerpt, paraphrase, or quote up
to 200 words and all charts from any single report, in total and collectively in
various forums, as long as appropriate attribution to Pacific Epoch is made,
Pacific Epoch’s copyright notice is affixed thereto, and that no such excerpt,
paraphrasing, or quotation shall (a) modify or alter the general impressions of
the report or (b) imply sponsorship, approval, or endorsement by Pacific Epoch.
Except as permitted by the prior sentence, you may not use, copy, reproduce,
republish, upload, post, transmit, distribute, or modify the Content or Pacific
Epoch’s trademarks in any way, including in advertising or publicity pertaining
to distribution of materials on the Website, without Pacific Epoch's prior
written consent.

The use of Pacific Epoch trademarks on any other website is not allowed. Pacific
Epoch prohibits the use of Pacific Epoch trademarks as a "hot" link on or to any
other website unless Pacific Epoch approves the establishment of such a link in
writing in advance. The Website, its Content and all related rights shall remain
the exclusive property of Pacific Epoch or its licensors unless otherwise
expressly agreed. You will not remove any copyright, trademark or other
proprietary notices from material found on the Website.

Accuracy of Information: We attempt to ensure that information on this Website
is complete, accurate and current. Despite our efforts, the information on this
Website may occasionally be inaccurate, incomplete or out of date. We make no
representation as to the completeness, accuracy or currency of any information
on this Website. For example, products included on this Website may be
unavailable, may have different attributes than those listed, or may actually
carry a different price than that stated on this Website. In addition, we may
make changes in information about price and availability without notice.

Links: Running or displaying this Website or any information or material
displayed on this Website in frames or through similar means on another website
without our prior written permission is prohibited. From time to time, this
Website may contain links to third-party websites that are not owned, operated
or controlled by Pacific Epoch. All such links are provided solely as a
convenience to you. If you use these links, you will leave this Website. We are
not responsible for any content, materials or other information located on or
accessible from any other websites. We do not endorse, guarantee, or make any
representations or warranties regarding any other websites, or any content,
materials or other information located or accessible from any other websites, or
the results that you may obtain from using any other websites. If you decide to
access any other websites linked to or from this Website, you do so entirely at
your own risk.

Advertising Rights: Pacific Epoch reserves the right to sell and display any
advertising, attribution, links, promotional and distribution rights, and
Pacific Epoch and its licensors will be entitled to retain any and all revenue
generated from any sales of such advertising, attribution, links, or promotional
or distribution rights. Nothing in these additional terms obligates or may be
deemed to obligate Pacific Epoch to sell or offer to sell any advertising,
promotion or distribution rights.

Unsolicited Submissions Policy: Pacific Epoch is pleased to hear from its loyal
users and welcomes your comments regarding Pacific Epoch. Except where Pacific
Epoch specifically requests comments or submissions, Pacific Epoch does not
accept or consider creative ideas, suggestions, or materials other than those it
has specifically requested. This policy is designed to avoid misunderstandings
if projects developed by Pacific Epoch's professional staff seem to others to be
similar to their own creative work. Accordingly, Pacific Epoch requests that you
not submit any creative ideas, suggestions, or materials except where
specifically requested or solicited. If you do send us any unsolicited
suggestions, you agree not to assert any ownership right of any kind in against
Pacific Epoch (including, but not limited to copyright, trademark, unfair
competition, moral rights, or implied contract), you hereby grant Pacific Epoch
a nonexclusive, perpetual, worldwide license to use the unsolicited submission
in every media and for every purpose now known or hereinafter discovered and you
waive the right to receive any financial or other consideration in connection
with such unsolicited submission including, but not limited to, credit. You
release Pacific Epoch (and our officers, directors, agents, subsidiaries, joint
ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with your unsolicited submissions, including, without limitation, all claims for
theft of ideas or copyright infringement.

Account Registration and Security: You understand that you may need to create an
account to have access to parts of the Website. In consideration of your use of
the Website, you will: (a) provide true, accurate, current and complete
information about yourself as prompted by the Website's registration process and
(b) maintain and promptly update your information to keep it true, accurate,
current and complete. If Pacific Epoch suspects that such information is untrue,
inaccurate, not current or incomplete, Pacific Epoch has the right to suspend or
terminate your account and refuse any and all use of the Website. You are
entirely responsible for the security and confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to immediately notify us of any
unauthorized use of your account or any other breach of security of which you
become aware. You are responsible for taking precautions and providing security
measures best suited for your situation and intended use of the Website. Please
note that anyone able to provide your username and password will be able to
access your account so you should take reasonable steps to protect this
information.

Before designating any employee or agent as an Authorized User, Subscribers
shall inform the Authorized User that their use of the Website is subject to
these Terms. The Subscriber shall be responsible for the conduct of each of the
Subscriber’s Authorized Users.

Access and Interference: You agree that you will not use any robot, spider,
scraper or other automated means to access the Website for any purpose without
our express written permission. Additionally, you agree that you will not: (i)
take any action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure; (ii)
interfere or attempt to interfere with the proper working of the site or any
activities conducted on the Website; or (iii) bypass any measures we may use to
prevent or restrict access to the Website.

Privacy: Information collection and use, including the collection and use of
personally identifiable information, is governed by our Privacy Notice which is
incorporated into and is a part of these Terms.

Force Majeure: Pacific Epoch is not responsible for damages, delays, or failures
in performance resulting from acts or occurrences beyond its reasonable control,
including, without limitation: fire, lightning, explosion, power surge or
failure, water, acts of God, war, revolution, civil commotion or acts of civil
or military authorities or public enemies: any law, order, regulation,
ordinance, or requirement of any government or legal body or any representative
of any such government or legal body; or labor unrest, including without
limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw
materials, transportation facilities, fuel or energy shortages, or acts or
omissions of other common carriers.

Representations and Warranties: You affirm, represent and warrant the following:
(i) you are old enough in your location to enter into a binding contract with
Pacific Epoch and have the right and authority to enter into this agreement, and
are fully able and competent to satisfy the terms, conditions and obligations
herein; (ii) you have read, understood, agree with, and will abide by the terms
and conditions of this agreement; and (iii) you are not, and have not been an
agent of Pacific Epoch and were not and are not acting on behalf of, or as a
representative of, Pacific Epoch or any other party.

DISCLAIMERS: YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION,
MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE
WEBSITE OR OTHERWISE PROVIDED BY US ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES
OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
WITH RESPECT TO THE WEBSITE AND OUR PRODUCTS AND SERVICES. WE DO NOT REPRESENT
OR WARRANT THAT THE WEBSITE OR ANY INFORMATION OR PRODUCTS OR SERVICES WE
PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE
ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR ANY
INFORMATION OR PRODUCTS OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY, THE
INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE
MAY BE OUT OF DATE, AND PACIFIC EPOCH DOES NOT MAKE ANY COMMITMENT OR ASSUMES
ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE
FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED
BY APPLICABLE LAW.

REPORTS AND MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE SET OUT INFORMATION BY
PACIFIC EPOCH FROM A VARIETY OF SOURCES. INFORMATION IN SUCH REPORTS AND
MATERIALS DOES NOT CONSTITUTE LEGAL, TAX, INVESTMENT, FINANCIAL, OR OTHER
ADVICE, AND IS NOT A RECOMMENDATION, OFFER, OR SOLICITATION TO BUY OR SELL ANY
SECURITIES WHATSOEVER. PACIFIC EPOCH IS NOT A REGISTERED INVESTMENT ADVISOR OR
BROKER/DEALER. THE PARTNERS, DIRECTORS, ANALYSTS, AND EMPLOYEES OF PACIFIC EPOCH
AND ITS AFFILIATES MAY HOLD A POSITION IN THE SECURITIES OF THE COMPANIES
MENTIONED IN THE REPORTS AND MATERIALS AVAILABLE THROUGH THE WEBSITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PACIFIC EPOCH
OR THROUGH PACIFIC EPOCH’S WEBSITE, PRODUCTS AND SERVICES WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATIONS OF LIABILITY: PACIFIC EPOCH DOES NOT ASSUME ANY RESPONSIBILITY FOR
AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR
COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO,
USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF OR ACCESSING ANY
MATERIALS FROM THE WEBSITE. IN NO EVENT WILL PACIFIC EPOCH, OR ANY OF ITS
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS, NOR
ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE,
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE,
INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO
THIS WEBSITE, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON
OR PROVIDED IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT
PROHIBITED BY APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT OR PRODUCTS OR
SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE OR THE
CONTENT OR PRODUCTS OR SERVICES. IN NO EVENT SHALL PACIFIC EPOCH'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED
THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR
SUBSCRIPTION TO OUR SERVICES FOR THE LAST SIX (6) MONTHS.

Indemnity: You agree to defend, indemnify and hold Pacific Epoch, each of our
parent companies and affiliates, and the successors of each of the foregoing,
and the officers, directors, agents, and employees of each of the foregoing,
harmless from any and all liabilities, costs, and expenses, including reasonable
attorneys’ fees, related to or in connection with (i) your use of the Website or
your placement or transmission of any message or information on this Website by
you or your authorized users; (ii) your violation of any term or condition of
these Terms, including without limitation, your breach of any of the
representations and warranties; (iii) your violation of any third-party rights,
including without limitation any right of privacy, publicity rights or
intellectual property rights; (iv) your violation of any law, rule or regulation
of the United States or any other country; (v) any claim or damages that arise
as a result of any information or material that you provide to Company; or (vi)
any other party’s access and use of the Website with your unique username,
password or other appropriate security code.

Release: In the event that you have a dispute with another user or other party
related to the Website, you release Pacific Epoch (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from all claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes.

Termination: We may suspend or terminate your account or your use of this
Website at any time, for any reason or for no reason. You are liable for any
charges incurred through your account prior to termination. We may also block
your access to our Website in the event that (a) you breach these Terms; (b) we
are unable to verify or authenticate any information you provide to us; (c) we
believe that your actions may cause financial loss or legal liability for our
users or us; or (d) as otherwise provided herein or in another incorporated
policy. You understand that any termination of your account, by you or us, may
involve the permanent deletion of your data. You understand that Pacific Epoch
may permanently delete any data you submit through this Website at any time
without notice. Pacific Epoch will not have any liability whatsoever to you for
any suspension or termination, including for deletion of your data.

General: Any claim arising out of or relating to the use of, this Website and
the materials contained herein is governed by the laws of the State/Commonwealth
of Oregon, without regard to its choice of law provisions. You hereby
irrevocably consent to such venue and to the exclusive jurisdiction of any such
court over any such dispute. Any and all disputes directly or indirectly arising
out of or related to the Terms or the Website will be resolved individually,
without resort to any form of class actions. Any and all claims, judgments and
awards will be limited to actual out-of-pocket costs incurred, and in no event
shall you be entitled to recovery of attorney’s fees. Under no circumstances
will any claimant be permitted to obtain any award for, and you hereby waive all
rights to claim punitive, special, incidental or consequential damages and any
and all rights to have damages multiplied or otherwise increased and any other
damages, other than for actual out-of-pocket expenses. Any cause of action or
claim you may have directly or indirectly arising out of or related to the Terms
or the Website must be commenced within one (1) year after the claim or cause of
action arises. A printed version of these Terms will be admissible in judicial
and administrative proceedings based upon or relating to these Terms to the same
extent as other business documents originally generated and maintained in
printed form. You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of the Website.

We do not guarantee continuous, uninterrupted or secure access to our Website,
and operation of the Website may be interfered with by numerous factors outside
of our control. If any provision of these Terms is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall
be enforced. You agree that these Terms and all incorporated agreements may be
assigned by Pacific Epoch in our sole discretion. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or
extent of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar
breaches. These Terms are the entire agreement between you and Pacific Epoch
with respects to the subject matter hereof and supersede any prior
understandings or agreements (written or oral). Any provision that must survive
in order to give proper effect to its intent (e.g., indemnity, general, any
perpetual license, limitations on liability, disclaimers, representations and
warranties, etc.) shall survive the expiration or termination of these Terms.

All rights not granted herein are expressly reserved to JLM Pacific Epoch, LLC.

© Pacific Epoch. All rights reserved.
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