EXMAG
PROFILEDEVELOPMENTRESCUE
TERMS & CONDITIONS
1.   The terms and conditions set out below apply to your use of EXMAG's websites. Please read them.
2.   "EXMAG" means EXECUTIVE MANAGING GROUP AG and any of its subsidiaries and related companies and references to the "EXMAG Websites" are to any of EXMAG's websites and any replacement URL of any such website and also include, but are not limited to, the text, images, links, sounds, graphics and video sequences displayed in such websites (the "Materials").
3.   By accessing any of the EXMAG Websites you agree that you have read and accept these terms and conditions. If you do not agree, do not use the EXMAG Websites. The pages on the EXMAG Websites have been issued and approved by EXMAG in respect of its activities carried on in or from Switzerland and the European Economic Area. It is your responsibility to be aware of and to observe all applicable laws and regulations for your country of residence.
4.   Nothing on the EXMAG Websites or in the Materials constitutes or is intended to constitute financial or other advice and you should not act upon any information contained on the EXMAG Websites or in the Materials without first consulting a financial or other professional adviser.
5.   Special rules are applicable when US residents and other US persons access the EXMAG Websites. For US regulatory reasons, US residents are not permitted to access certain of the EXMAG Websites. EXMAG is not offering any securities or services in the United States or to US residents through any EXMAG website. A "US resident" includes any US person, as well as (i) any natural person who is only temporarily residing outside the United States, (ii) any account of a US person over which a non-US fiduciary has investment discretion or any entity, which, in either case, is being used to circumvent the registration requirements of the US Investment Company Act of 1940, and (iii) any employee benefit or pension plan that does not have as its participants or beneficiaries persons substantially all of whom are not US persons. In addition, for these purposes, if an entity either has been formed or is operated for the purpose of investing in a particular security or obtaining a particular service, or facilitates individual investment decisions, none of the beneficiaries or other interest holders of such entity may be US Residents. Terms used in this paragraph (including the term "US person") have the meanings given to them in Regulation S under the US Securities Act of 1933.
6.   EXMAG respects the privacy of every individual who visits EXMAG's websites and is always careful to ensure that information disclosed to EXMAG in confidence is treated confidentially. Please see EXMAG's full privacy policy.
7.   Nothing in these terms and conditions shall be taken to limit or exclude any liability that may not otherwise be limited or excluded under applicable law. Use of the EXMAG Websites and the Materials are at your sole risk. EXMAG will not be liable to any person for any direct, indirect, special or consequential, losses, damages or awards of any kind, howsoever caused, as a result of the use of or inability to use, or reliance on, the EXMAG Websites or any of the Materials. EXMAG excludes all warranties, conditions, terms, undertakings and representations (excepting fraudulent misrepresentation) of any kind,express or implied, statutory or otherwise in connection with the EXMAG Websites and the Materials to the fullest extent permitted by law.
8.   The Materials and the EXMAG Websites are provided on an "as is" and "as available" basis. EXMAG gives no warranties (express, implied or statutory) as to satisfactory quality or fitness for purpose of the Materials or that any of the Materials or the EXMAG Websites will be provided uninterrupted or free from errors or that any identified defect will be corrected. EXMAG has the right to suspend or withdraw the provision of all or any of the EXMAG Websites or the Material without prior notice at any time. Further, no warranty of any kind is given that the EXMAG Websites and the Materials are free from any virus or other malicious, destructive or corrupting code, programme or macro. EXMAG does not warrant that the EXMAG Websites or the server(s) that make(s) them available are free of any virus or other harmful elements.
9.   Reference in the EXMAG Websites and/or the Materials to any hypertext link, product, process or service does not imply EXMAG's support for, nor endorsement or recommendation of, the provider thereof or the product, process or service to which reference is made. The EXMAG Websites may contain hypertext links to other websites, resources or other third parties. EXMAG is not responsible for the availability of, and accepts no liability in relation to, these external websites or their contents. EXMAG is not a sponsor, partner, promoter or publisher of any of such websites.
10.   The Materials are the copyright of EXMAG and its third-party licensors and may not be copied, distributed, uploaded, posted, republished, decompiled, disassembled, reverse-engineered or transmitted in any way without the prior, written consent of EXMAG. You may, however, download one copy for your personal non-commercial use or non-commercial use within the organisation in which you work on condition that you do not delete or change any copyright, trade mark or other proprietary notice contained in the Materials nor alter the way in which they are presented. Modification or use other than as permitted above violates EXMAG's intellectual property rights in the Materials.
11.   The trade marks, service marks and logo (the "Trade Marks") used and displayed on the EXMAG Websites are registered and unregistered Trade Marks of EXMAG and others. Nothing in these terms and conditions or on the EXMAG Websites should be construed as granting any licence or right to use any Trade Mark displayed on the EXMAG Websites. EXMAG enforces infringements of its intellectual property rights to the fullest extent permitted by the law.
11.   The agreement between EXMAG and you relating to your use and browsing of the EXMAG Websites is governed by and shall be construed in accordance with swiss law. These terms and conditions may not be modified unless EXMAG agrees in writing.

Last updated in January 2005

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