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Mount Lucas Management LP Website User Policy



Welcome to the Mount Lucas Management LP (“Mount Lucas”) website (the “Service”). As part of this Service, Mount Lucas visitors have access to certain data, news, information and data indices for informational purposes only (the “Material”) that is subject to the terms of this user policy (the “User Agreement”). Upon notice published through the Service electronic mail or regular mail, Mount Lucas may modify this User Agreement at any time. You agree and continue to agree to use Mount Lucas Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. 



Upon approval of a visitor’s application, Mount Lucas will grant such visitor (a “Registered User”) a personal, non-exclusive, non-assignable and non-transferable license to use and access certain areas of the Mount Lucas website. Unauthorized copying of any Material or duplication of any Material in any manner is expressly forbidden. Registered User acknowledges that Registered User may not sublicense, transfer, sell or assign this license. Any attempt to sublicense, transfer, sell or assign the license is void.

 

Unauthorized use of any Material, including, without limitation: any copyrighted or trademarked materials, photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing information about Mount Lucas services or products, without the express written permission of Mount Lucas. Registered User acknowledges that only the owner or someone authorized by the owner to post the material may do so. Registered Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any Material. The burden of determining that any information, software or any other content on the Service is not protected by copyright or trademark rests with the Registered User. Registered User acknowledges that Mount Lucas and/or third-party content providers remain the owners of the posted Material, and that Registered User does not acquire any of those ownership rights by downloading or accessing Material or the Service.



REGISTERED USER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT REGISTERED USER’S OWN RISK. MOUNT LUCAS SERVICES AND MATERIAL ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, PRODUCTS, GOODS, SERVICES OR FUND INFORMATION PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, THE RESULTS, INFORMATION OR DECISIONS MADE OR OBTAINED THROUGH THE SERVICE. SPECIFICALLY, MOUNT LUCAS DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION:

1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND

2) ANY WARRANTIES OF TITLE OR WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF, OR USE OF, RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. REGISTERED USER SPECIFICALLY ACKNOWLEDGES THAT MOUNT LUCAS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER REGISTERED USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH REGISTERED USER. NEITHER MOUNT LUCAS NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. REGISTERED USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE. 



Mount Lucas may give notice to Registered Users including, without limitation, notice of amendments or terms of this User Agreement by means of a general notice on the Service, electronic mail to Registered User’s e-mail address on record with Mount Lucas, or by written communication sent by first class mail to a Registered User’s address on record with Mount Lucas. Mount Lucas may amend or modify this User Agreement or impose new conditions at any time. Any use of the Service by Registered User after such notice shall be deemed to constitute acceptance by Registered User of such amendments, modifications or new conditions. Registered User agrees to indemnify and hold Mount Lucas harmless from any dispute which may arise from a breach of terms of this User Agreement and of the Service or access to the Material. Registered User agrees to hold Mount Lucas harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to Registered User’s violation of this User Agreement, or any information, software, the Material or other content placed on the Service by accessed Registered User. This User Agreement shall be construed and controlled by the laws of the State of New Jersey. Further, any dispute arising from the terms of this User Agreement or a breach of this User Agreement will be governed by the laws of the State of New Jersey. Registered User agrees to personal jurisdiction by the state and federal courts sitting in the State of New Jersey. Registered User does not hold Mount Lucas liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part of the Service, the Material and/or the User Agreement or for any damage arising from any of the foregoing.