SPARTAN TERMS OF USE

Introduction

Spartan Brothers Capital, LLC. (“Spartan”) is primarily a real estate company: www.spartanbrotherscapital.com (“Site”).  The following Terms of Use outline your obligations when using the Spartan website.

 

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING THE SITE YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITE.

 

Modifications of Terms of Use

 

Spartan may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Site to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Site.  YOUR CONTINUED USE OF THE SITE AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

 

Content

The contents of the Site, such as text, graphics, images, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for inspecting the property in person.  Spartan’s Content could be inaccurate or misleading, and Spartan does not recommend that you rely on information that may be mentioned on the Site. Reliance on any information provided by Scanlated, Spartan’s employees, others appearing on the Site at the invitation of Spartan, or other visitors to the Site is solely at your own risk.

 

Use of The Site

Subject to full compliance with these Terms of Use, Spartan grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Site for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Site or any of its Content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of Spartan.  Spartan may modify, update, suspend or discontinue the Site, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice.  Spartan shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

 

User Conduct

As a condition of your access and use of the Site and your submission of, access to, or participation in the Content you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Spartan. By way of example, and not as a limitation, you agree not to:

a.         intentionally or unintentionally violate these Terms of Use, other applicable agreement with Spartan, and any applicable local, state, national or international law, and any rules and regulations having the force of law;

b.         use the Site in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;

c.         use the Site or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;

d.         reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Site for any commercial, educational, or any other non-personal purpose or for any purpose unrelated to your personal use, without the express written consent of Spartan, which consent may be withheld by Spartan in our sole discretion;

e.         post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;

f.          harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Spartan, or otherwise attempt to mislead others;

g.         knowingly provide or submit false or misleading information;

h.         use the Site if you are under the age of eighteen (18);;

i.          take any action that would undermine the legitimacy of the Site;

j.          use the Site in any way that could interfere with the rights of Spartan or the rights of other users of the Site;

k.         attempt to gain unauthorized access to any portion or feature of the Site, other user accounts or any other systems or networks connected to the Site or to any server used by Spartan by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Site user;

l.          sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;

m.        transmit or submit any transmission or other materials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Site;

n.         access, download, monitor, or copy any information contained on our Site through artificial means (including, but not limited to, use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Site); or

o.         probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on or of the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Site, or any other customer of Spartan, including any Spartan account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including, but not limited to, personal identification or information other than your own information, except as expressly authorized by Spartan and provided for by the Site.

 

Privacy Statement

The Spartan Privacy Statement is available at www.Spartanbrotherscapital.com/privacy and is hereby incorporated by this reference. 

 

Registration Information

We may require that you create an account to use or access certain parts of the Site and use certain products and features. We may require that you provide login information (such as a username and password), email, address, and other information to access and utilize your account. As a condition of your use of the Site, you agree to (a) provide Spartan with true, accurate, current and complete information as prompted by the Spartan’s registration forms, when registering for or using the Site and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. Creating duplicative, serial or overlapping accounts may result in account termination. 

 

Spartan utilizes email as a vital and primary communication channel with users. You hereby acknowledge and grant Spartan permission to communicate with you via email (as well as other communication channels such as phone) for any purposes Spartan determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Under no circumstances will Spartan have any liability for sending any email to its registered users.

 

Submitting Content

As a condition of submitting any Content or other materials to the Site, you agree that:

a.         you grant to Spartan a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, create derivative works from, incorporate such Content into other works; sublicense; and acknowledge that this license cannot be terminated by you once your Content is submitted to the Site;

b.         you grant to Spartan all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;

c.         you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Spartan, and others as described and otherwise contemplated in these Terms of Use;

d.         you represent that there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to your Content;

e.         you represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;

f.          you are solely responsible for your Content;

g.         all of your Content will be accurate, honest, truthful, and complete in all respects;

h.         you will not submit any Content with hyperlinks;

i.          you will not submit any Content that may be considered by Spartan to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or is racially, ethnically or otherwise objectionable;

j.          Spartan may, in its sole discretion, choose to remove or not to remove any Content; and

k.         the Content that you provide does not reflect the views of or was not aided in any way by Spartan, its officers, managers, owners, employees, agents, designees or other users.

 

Publication and Distribution of Content

Spartan cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Site. You acknowledge that Spartan may provide misleading or inaccurate content. You agree that you must evaluate and make your own judgment, and bear all risks associated with the use of any Content.

 

By using the Site, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Site. Under no circumstances will Spartan be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Site. You waive the right to bring or assert any claim against Spartan relating to Content, and release Spartan from any and all liability for or relating to any Content.

 

Termination of Action

 

Spartan may terminate your privilege to use or access the Site immediately and without notice for any reason whatsoever.  Upon such termination, you must immediately cease accessing or using the Site and agree not to access or make use of, or attempt to use, the Site. Furthermore, you acknowledge that Spartan reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site.  You understand that Spartan may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Spartan.

 

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Site, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

 

Trademarks and Copyrights

 

Spartan, and other Site graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Spartan in the U.S. and/or other countries.  These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. 

 

You should assume all content and material made available on the Site is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Site, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Spartan and/or its licensors and are protected by all United States and international copyright laws.

 

Delays and Accessibility

           

The Site may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Spartan is not responsible for any delays, failures or other damage resulting from such problems.

 

User Feedback

 

Spartan appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Site, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Spartan. In addition, none of the Submissions will be subject to any obligations of confidentiality and Spartan will not be liable for any future use or disclosure of such Submissions.

 

Warranties and Disclaimers

 

You acknowledge that Spartan has no control over, and no duty to take any action regarding: which users gain access to or use the Site; what effects the Content on or in connection with the Site may have on you; how you may interpret or use the Content on or in connection with the Site; or what actions you may take as a result of having been exposed to the Content on or in connection with the Site. You release Spartan from all liability for you having acquired or not acquired Content or information through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Spartan makes no representations concerning any Content contained in or accessed through the Site, and Spartan will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. Spartan makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

 

YOU ACCESS AND USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER SPARTAN NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF SPARTAN, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE. IN NO EVENT WILL SPARTAN OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL SPARTAN OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

 

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPARTAN OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, SPARTAN DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND (VI) ANY COTENT WILL BE ACCURATE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SPARTAN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

SPARTAN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SPARTAN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

 

Spartan has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content.  You release Spartan from all liability for you having acquired or not acquired Content through the Site. Spartan makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Site, and Spartan will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.  

 

The Site may display links to other Internet sites or resources.  Because Spartan has no control over such sites and resources, you acknowledge and agree that Spartan is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that Spartan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

Indemnity

 

You agree to indemnify, defend and hold harmless Spartan, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Spartan or that you submit, transmit or otherwise make available through the Site; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Spartan will have sole control of the defense of any such damage or claim.

 

Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPARTAN, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SPARTAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF ANY GOODS AND/OR SERVICES OBTAINED AS A RESULT OF THE USE OF THE SITE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITE; (F) ANY OTHER MATTER RELATING TO THE SITE; (G) ANY BREACH OF THESE TERMS OF USE BY SPARTAN OR THE FAILURE OF SPARTAN TO PROVIDE THE SERVICES UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH THIRD PARTIES AS A RESULT OF CONTENT ON THE SITE. TO THE EXTENT SPARTAN, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

 

Notice

 

By use of the Site, you consent to receive electronic communications from SPARTAN (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Spartan may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to Spartan will be provided by either sending: (i) an email to argeri@lagosgroups.com; or (ii) a letter, first class certified mail, to Spartan Brothers Capital, LLC, 5057 Troy Rd. Springfield, OH 45502. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

 

Entire Agreement

 

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Spartan. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Spartan regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Spartan under these Terms of Use.

 

Governing Law

 

These Terms of Use and the relationship between you and Spartan will be governed by the laws of the State of Ohio, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state courts in Springfield, OH and federal courts located in Dayton, OH and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Spartan may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

 

Miscellaneous

 

If you breach any term of these Terms of Use or other agreement with Spartan, Spartan may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Spartan’s remedies are cumulative and not exclusive. Failure of Spartan to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Spartan’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Site are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Spartan as a result of these Terms of Use or use of the Site. You acknowledge and agree that each of the released and liability limited parties shall be an intended third-party beneficiary of these Terms of Use.

 

 

Contacting Us

 

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Use, please contact us at argeri@lagosgroups.com. We will address any issue to the best of our abilities.

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5057 Troy Road, Springfield, OH 45502

(937) 949-4777

© 2018 Spartan Brothers Capital, LLC. All Rights Reserved.