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TERMS OF USE

This website (“Site”) is operated by ALLIUM. Throughout the Site, the terms
"we," "us" and "our" refer to ALLIUM. ALLIUM offers this Site, including all
information, tools and services available on this Site, to you, the user,
subject to your acceptance of all the terms, conditions, policies and notices
stated in these Terms of Use ("Terms"), and compliance with all applicable laws
and regulations, including export control laws and regulations. Your use of this
Site constitutes your agreement to be bound by these Terms. If you do not agree
to be bound by these Terms, please do not use this Site and exit from it
immediately.





This website (“Site”) is operated by ALLIUM. Throughout the Site, the terms
"we," "us" and "our" refer to ALLIUM. ALLIUM offers this Site, including all
information, tools and services available on this Site, to you, the user,
subject to your acceptance of all the terms, conditions, policies and notices
stated in these Terms of Use ("Terms"), and compliance with all applicable laws
and regulations, including export control laws and regulations. Your use of this
Site constitutes your agreement to be bound by these Terms. If you do not agree
to be bound by these Terms, please do not use this Site and exit from it
immediately.






USE OF THE SITE





You may access and use this Site solely for lawful purposes and only in
accordance with the Terms. ALLIUM reserves the right, at any time and in its
sole discretion, to modify, suspend, or discontinue the Site (or any Content),
or revise these Terms with immediate effect.

ALLIUM may also (without prejudice to any other remedies ALLIUM may have at law
or in equity) restrict, suspend or terminate your access to the Site or any
portion thereof, with or without notice, should you violate any of these Terms.






CONTENT OF THE SITE





All content provided on or offered through this Site (including, but not limited
to, text, files, images, graphics, illustrations, audio, video, and photographs)
(collectively, "Content") is owned by ALLIUM and/or its partners, affiliates,
and licensors ("Affiliates"). This Content is protected by United States and
international intellectual property rights, including, as applicable and without
limitation, copyrights, trademarks and patents, ("Intellectual Property
Rights"). ALLIUM and its licensors retain all ownership rights in, and
proprietary rights to, the Content. Unless otherwise labelled, all trademarks,
service marks, logos, banners, and page headers displayed on this Site
(collectively, "Marks") are the property of ALLIUM and its Affiliates.

Your access to or use of our Content is subject to the Terms, including the
following:

 * You may use the Content solely as displayed on the Site and may not download
   or otherwise copy any Content without prior written permission of ALLIUM.
 * You may use the Content only in the form provided on or through the Site and
   may not modify, amend, or combine any Content with other materials to form
   any new content. You may not display, link to, or otherwise use the Marks
   without the prior written permission of ALLIUM, which ALLIUM may grant or
   deny in its sole discretion.
 * You must obtain all copies or reproductions of the Content directly from
   ALLIUM. You obtain no ownership rights in or to the Site or its Content
   through these Terms, and no other rights to utilize, reproduce, display or
   publicly perform the Content, except as expressly set forth in these Terms.

Except as otherwise expressly stated, you are granted no licenses or rights,
whether by implication, estoppel, or otherwise, in or to the Site or its
Content, or any Intellectual Property Rights. 

In addition, you may not: (i) copy, modify, reproduce, perform, display, create
derivative works from, republish, post, transmit, participate in the transfer or
sale of, distribute, or in any way exploit any portion of the Site or its
Content without the prior written permission of ALLIUM; and (ii) use any
linking, deeplinking, framing or page-scraping technology, robots, spiders or
other automatic devices, programs, algorithms or methodologies, or any similar
or equivalent manual processes, to access, acquire, copy, distribute, display or
monitor any portion of this Site or any Content.






PRODUCT TERMS





Notwithstanding the above, any software, data, information and other materials
(“Products”) that are made available for separate downloading, access, or other
use from this Site with their own license terms, conditions, and notices
(“Product Terms”) will be governed by such terms, conditions, and notices. In
case of conflict between these Terms and the Product Terms, the latter will
prevail as they relate to your use of the Products.






FORWARD-LOOKING AND CAUTIONARY STATEMENTS





Except for historical information and discussions, statements set forth
throughout this Site may constitute forward-looking statements within the
meaning of the Private Securities Litigation Reform Act of 1995 or other
applicable laws. These statements involve a number of risks, uncertainties, and
other factors that could cause actual results to differ materially from the
estimates or results implied or expressed in such forward-looking statements,.






POSTINGS AND UPLOADS





ALLIUM does not want to receive confidential or proprietary information from you
through the Site. Please note that any information or material sent to ALLIUM
will be deemed NOT to be confidential. By sending ALLIUM any information or
material, you grant ALLIUM an unrestricted, irrevocable license to copy,
reproduce, publish, upload, post, transmit, distribute, publicly display,
perform, modify, create derivative works from, and otherwise freely use, those
materials or information. You also agree that ALLIUM is free to use any ideas,
concepts, know-how, or techniques that you send us for any purpose. However, we
will not release your name or otherwise publicize the fact that you submitted
materials or other information to us unless: (a) we obtain your permission to
use your name; or (b) we first notify you that the materials or other
information you submit to a particular part of this Site will be published or
otherwise used with your name on it; or (c) we are required to do so by law.
Personally identifiable information that you submit to ALLIUM for the purpose of
receiving products or services will be handled in accordance with our privacy
policies. Please see the paragraph entitled "Privacy" for information regarding
the ALLIUM privacy policies.






CLAIMS OF INFRINGEMENT





ALLIUM respects the intellectual property rights of others and requests that you
do the same. If you believe that copyright or intellectual property rights held
by you a person on whose behalf you are authorized to act have been infringed,
you may notify our legal department at the following address:

ALLIUM

Attn: Corporate Legal Department
15 Inverness Way East
Englewood, CO 80112

Please note that your notification must inlcude the following information:

 * Identification of the material that is claimed to be infringing and that is
   to be removed or access to which is to be disabled, and location of such
   material;
 * In case of a claim of copyright infringement, identification of the
   copyrighted work claimed to have been infringed, or if multiple copyrighted
   works are covered by a single notification, a representative list of such
   works;
 * Your name, address, daytime phone number, and email address, if available;
 * A statement that you have a good-faith belief that the use of the work is not
   authorized by the owner, his or her agent, or the law;
 * A statement that the information in the notification is accurate and, under
   penalty of perjury, that you are authorized to act on behalf of the owner;
 * A copy of any copyright or related registration evidencing your claim or
   intellectual property right or ownership; and
 * A physical signature reflecting that you are authorized to act on behalf of
   the owner of an exclusive right that is allegedly infringed.






DISCLAIMERS





THIS SITE IS PROVIDED BY ALLIUM "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES
WHATSOEVER. NEITHER ALLIUM NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY
OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED
ON, DOWNLOADED FROM, DISTRIBUTED THROUGH, OR OTHERWISE AVAILABLE FROM THE SITE.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS
OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
YOU AGREE THAT YOUR ACCESS TO THE SITE IS AT YOUR OWN RISK AND THAT YOU ARE
SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR BY ACCESSING THE SITE.
EXCEPT WHERE THE LAWS AND REGULATIONS OR A PARTICULAR JURISDICTION CONCERNING
WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, ALLIUM EXPRESSLY DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING,
WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF
TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND INTERRUPTIONS,
CRASHES, AND DOWNTIME BEYOND IHS CONTROL MAY OCCUR FROM TIME TO TIME.






LIMITATION OF LIABILITY





IN NO EVENT WILL ALLIUM OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT,
CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH, AS A RESULT OF OR
ARISING OUT OF: (a) YOUR ACCESS TO OR USE OF THE SITE OR CONTENT, (b) YOUR
INABILITY TO USE THE SITE OR CONTENT; (c) ANY LOSS OF DATA AND/OR EQUIPMENT
FAILURE; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (e) DELAY OR
FAILURE OF THE SITE ARISING OUT OF CAUSES BEYOND OUR CONTROL; (f) YOUR USE OF,
REFERENCE TO, OR RELIANCE ON, THE CONTENT; (g) ANY THIRD-PARTY MATERIALS,
INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITE;
OR (h) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE
ABOVE CLAIMS OR ANY DISPUTE WITH ALLIUM IS TO DISCONTINUE YOUR USE OF THE SITE
AND CONTENT.






INDEMNIFICATION





You hereby agree to indemnify, defend, and hold harmless ALLIUM and its
Affiliates and each of their officers, directors, employees, agents,
contractors, assigns, licensors, sub-licensors, third-party providers,
suppliers, and successors in interest from any and all claims, losses,
liabilities, damages, fees, expenses, and costs (including attorneys' fees,
court costs, damage awards, and settlement amounts) that result or arise from
your use of the Site and any violation of these Terms. ALLIUM will provide you
with notice of any such claim or allegation, and ALLIUM will have the right to
participate in the defense of any such claim at its expense. 






PRIVACY POLICY





The ALLIUM Privacy Policy is incorporated herein by reference. By agreeing to
these Terms, you expressly consent to the use and disclosure of your information
as described in the ALLIUM Privacy Policy accessible here: 

Online Terms and Legal Policies

For information related to how ALLIUM uses cookies or similar technologies,
please visit our Cookie Notice.






LINKS





This Site may provide links or references to non-ALLIUM sites and resources.
ALLIUM makes no representations, warranties, or other commitments whatsoever
about any non-ALLIUM sites or thirdparty resources that may be referenced,
accessible from, or linked to any ALLIUM site. A link to a nonALLIUM site does
not mean that ALLIUM endorses the content or use of such site or its owner. In
addition, ALLIUM is not a party to or responsible for any transactions you may
enter into with third parties, even if you learn of such parties (or use a link
to such parties) from an ALLIUM site. Accordingly, you acknowledge and agree
that ALLIUM is not responsible for the availability of such external sites or
resources, and is not responsible or liable for any content, services, products,
or other materials on or available from those sites or resources. It is up to
you to take precautions to protect yourself from viruses, worms, trojan horses,
and other potentially destructive programs, and to protect your information as
you deem appropriate. Providing a link to this Site on a third-party website
requires ALLIUM prior written approval.






TRANSLATIONS





Certain Content in this Site may be made available in languages other than
English. Content may be translated by a person or solely by computer software
with no human intervention or review. These translations are provided as a
convenience to you, and ALLIUM makes no representations or commitments regarding
the accuracy or completeness of the translation, whether or not
computer-generated or performed by a person.






MODIFICATIONS





ALLIUM reserves the right to vary, amend, remove or add to these Terms or the
Content at any time. Such modifications shall be effective immediately.






SEVERABILITY





If any provision of these Terms is found invalid or unenforceable in any
jurisdiction, then that provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision, and the remaining portions will remain in full force and effect.






JURISDICTION AND VENUE





This agreement will be governed by the laws of the State of New York, without
giving effect to any conflict of laws principles. You hereby irrevocably and
unconditionally consent to the jurisdiction of New York courts. In any such
dispute, the prevailing party will be entitled to recover its reasonable
attorneys’ fees and expenses from the other party.






HOW TO CONTACT US





If you have any questions or comments about these Terms or this Site, please
contact our legal department at the following address: ALLIUM Attn: Corporate
Legal Department

15 Inverness Way East
Englewood, CO 80112

 

Thank you for visiting our site!




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