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DISCLAIMERS For purposes of the performance graph which
is the subject of this order, the Customer has selected the overall
market performance indicator and the industry index or peer comparison
required by item 402(1) of SEC Regulation S-K and the Customer is
solely responsible for same. Hemscott, LLC believes its methodology
used in creating the performance graph is appropriate and reliable.
A detailed copy of the methodology is available in advance upon
request and is also delivered with each ordered graph. Any order
of the corporate performance graph indicates Customer's acceptance
of the Hemscott methodology. Data on the relevant companies utilized
by Hemscott in development of the performance graph is derived from
the Hemscott database, consisting of both current and historical
financial data on approximately 10,000 companies. Hemscott bases
its data input, used in the performance graph, on sources believed
by it to be reliable. However, Hemscott does not represent, warrant
or guarantee either the accuracy or the timeliness of the data,
or the compliance of the graph with the requirements of Item 402(1)
of SEC Regulation S-K, and it shall have no liability of any kind
whatsoever to Customer, or to any other party with respect to such
matters. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND
WITH RESPECT TO THE PERFORMANCE GRAPH.
"S&P" is a registered trademark of McGraw-Hill, Inc. Hemscott,
Inc. is an authorized licensee of the S&P total return index data
for both the S&P broad market indices and the S&P industry group
indices, which may be used in the Corporate Performance Graph. Licensee's
relationship with S&P is that S&P grants permission to Licensee
to use and refer to certain trademarks and tradenames of S&P and
to disseminate data derived from the S&P Indices, which are determined,
composed, and calculated by S&P without regard to the Corporate
Performance Graph product. S&P does not guarantee the accuracy and/or
the completeness of the S&P Indices or any data therein. S&P makes
no warranty, expressed or implied, as to results to be obtained
by Licensee, owners of the product or any other person or entity
from the use of the S&P Indices or any data included therein in
connection with the rights licensed hereunder or for any other use.
S&P makes no express or implied warranties, and hereby expressly
disclaims all warranties of merchantability or fitness for a particular
purpose or use with respect to the S&P indices or any data included
therein. Without limiting any of the foregoing, in no event shall
S&P have any liability for any special, punitive, indirect or consequential
damages (including lost profits), even if notified of the possibility
of such damages.
Payment for the product, ordered by this submission of this order
form by Purchaser, is due within thirty (30) days of the date of
Hemscott's invoice for same. If payment is not timely made, the
Purchaser shall be liable for all collection costs incurred by Hemscott,
including, without limitation, all reasonable attorney's fees and
court costs. |