Welcome to the The Agate Group website, which is owned and operated by The Agate Group (the “Site”). The Agate Group maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site (“Terms of Use”). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. The Agate Group reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.

Use of Content on the Site

You may view, download, and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Agate Group without the express written consent of The Agate Group. You may not use any meta tags or any other “hidden text” utilizing The Agate Group’s name or trademarks without the express written consent of The Agate Group. You may not use any The Agate Group logo or other proprietary graphic or trademark as part of the link without express written permission.

You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by The Agate Group.

Any statements contained within the Site concerning The Agate Group’s future prospects are “forwarding looking statements”. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the Site.

Reviews, Comments, Communications, And Other Content

You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of “Spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.

By submitting information, you grant The Agate Group a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.

Products and Services Offered By The Agate Group on the Site

The Agate Group offers products and services on the Site. When you enroll to obtain a product or service from The Agate Group on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, The Agate Group does not warrant that any product descriptions or content contained in this website is accurate, current, reliable, complete, or error-free.

Patent Information

The Agate Group has one or more United States and international patents pending that apply to the Site.

Copyright Information

The Site and the content within the Site are the property of The Agate Group or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of The Agate Group. The Agate Group reserves all rights in the Site and its content not specifically granted in any agreements with The Agate Group or in the Terms of Use.

Copyright Complaints

The Agate Group respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Trademark Information

The Agate Group; and other marks indicated on our site are registered trademarks of The Agate Group in the United States and/or other countries. Other The Agate Group marks, graphics, logos, page headers, button icons, scripts noted on the Site are The Agate Group’s service marks, trademarks and trade dress and are the sole and exclusive property of The Agate Group. The Agate Group’s service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits The Agate Group and in connection with any service or product that is not sponsored, endorsed or produced by The Agate Group. All other trademarks not owned by The Agate Group or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Agate Group or its subsidiaries.

Privacy Statements

The Agate Group recognizes the importance of protecting information we may collect from visitors to our Web site and on our Web servers. The Agate Group takes user privacy seriously and wants to promote trust and confidence on the Internet.

Because we respect your right to privacy, we have developed a Privacy Statement to inform you about our privacy practices. It is our policy not to disclose that information to anyone else for any reason, except in the case of law enforcement requests. We make every effort to preserve user privacy, but it is our policy to disclose personal information when required by law if we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web server.

Please view the Privacy Policy applicable to the specific site you are reviewing.

Third Party Web Sites and Information

The Site may provide hyperlinks to third party websites or access to third party content. The Agate Group does not control, endorse, or guarantee content found in such sites. You agree that The Agate Group is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that The Agate Group shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.

Any link for a current quote on the price of The Agate Group’s stock is provided for informational purposes only and is not intended for trading purposes. The Agate Group shall not be liable for any inaccuracies or delays in the quote of the company’s stock price, or any other information provided, or for any actions you might take in reliance thereon.

Disclaimer

EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND The Agate Group, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. The Agate Group AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY The Agate Group ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. The Agate Group DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND The Agate Group, The Agate Group, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF The Agate Group, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to defend, indemnify, and hold harmless The Agate Group, employees, attorneys, and agents (“Indemnitees”) against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may incur (i) in connection with your use of the Site or any hyper linked web site or (ii) resulting from content you supply.

Applicable Laws

All matters relating to your access to and use of the Site shall be governed by U.S. federal law or the laws of the States of where the specific website you are viewing is hosted without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in the jurisdiction in which the specific website you are viewing is hosted.

If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

Contact Information If you have any questions regarding these Terms of Use, please contact The Agate Group at Webmaster@TheAgateGroup.com.