Terms and Conditions

Welcome to the FivePoint Solutions Web Site (this “Web Site”). Please read the following Terms and Conditions closely before using or obtaining any content or information using http://www.myfivepoint.com operated by FivePoint Solutions (the “FivePoint”).

Introduction
The information provided by the FivePoint through the Web Site and the use of the Web Site are governed by these Terms and Conditions. By accessing or using this Web Site, you agree that (1) you have read and familiarized yourself with these Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of this Web Site.

Use of Information
You may use, copy, and distribute the information found on this Web Site for personal, noncommercial, educational purposes only. All copies of the information that you make must bear or include a copyright notice in the form: © Copyright 2013 FivePoint Solutions, or other proprietary notices located on the site which pertain to the information being copied.

Copyright
All right, title and interest, including all copyrights, trademarks and other intellectual property rights, in this Web Site and all of this Web Site’s contents, including without limitation all text, images, graphics, code and other material contained in this Web Site (the “Content”) are owned by the FivePoint or its affiliates. You are not authorized to use any FivePoint name or mark or any of the Content in any advertising, publicity, or in any other commercial manner without the prior written consent of the FivePoint or one of its affiliates. All other copyrights, trademarks and intellectual property referred to in this Web Site belong to the respective owners.

Viruses
The FivePoint uses appropriate commercially available anti-virus software to ensure that this Web Site does not contain or carry viruses. However, due to the rapidly developing nature of viruses and the Internet, we strongly recommend that you employ similar anti-virus software when accessing this Web Site. The FivePoint makes no warranty or representation that this Web Site or e-mail correspondences are free from such viruses.

Content, Access and Liability Disclaimer
The Content OF This Web Site is not intended to be a substitute for medical, legal, or other professional advice, diagnosis, or treatment nor does it represent an endorsement of any treatment.

While the FivePoint uses reasonable efforts to provide accurate, complete and current information on this Web Site, the FivePoint does not represent or warrant that the content herein is accurate, complete, current or free of technical or typographical errors. The FivePoint assumes no liability or responsibility for any errors or omissions in the content of this Web Site. It is the responsibility of the user to verify any information provided. Changes may be periodically made to the information contained in this Web Site without notice. Further, the FivePoint makes no commitment to update the information on this Web Site.

TO THE EXTENT PERMITTED BY LAW, INFORMATION ON THIS WEB SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

NEITHER THE FIVEPOINT (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS AND OTHER REPRESENTATIVES) OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEB SITE, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE OR THE USE OR RELIANCE UPON ANY INFORMATION CONTAINED IN OR ACCESSED FROM THIS WEB SITE OR THE INACCESSIBILITY OF THIS WEB SITE.

THE FIVEPOINT DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR PROCESS DISCLOSED ON THIS WEB SITE OR OTHER INFORMATION ACCESSIBLE FROM THIS WEB SITE.

Data Use
The FivePoint will not collect any personally identifiable information about you through your use of this Web Site unless you provide that information voluntarily by contacting the FivePoint. The FivePoint will use any information so provided only to correspond with you about the matter in connection with which you provide it. The FivePoint will retain that information, including related correspondence for its records. The FivePoint will not disclose that information to any unaffiliated third party unless legally required to do so or where necessary to address the subject matter of that correspondence. By submitting your personal information to the FivePoint by e-mail or otherwise through this Web Site, you agree to the FivePoint’s use and retention of such information.

Linked Sites
This Web Site contains links to other web sites which are independent in all respects of the FivePoint (the “Linked Sites”). The Linked Sites, other than the Tell Them Web Site (www.tellthemsc.org), are neither owned by, nor under the control of, the FivePoint or its affiliates. The FivePoint is not responsible for the contents of any Linked Site including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked site. The FivePoint makes no representations or warranties as to the accuracy, completeness, or authenticity of the information or opinions contained in any Linked Site. Any link to another web site shall not in any manner be construed as an endorsement by the FivePoint of the Linked Site or its operators.

Miscellaneous
These Terms shall be governed in all respects in accordance with the laws of the State of South Carolina without regard to the conflict or choice of law rules thereof. Courts sitting in the State of South Carolina, federal and state, shall have exclusive jurisdiction over any dispute arising hereunder. The FivePoint reserves the right to modify or amend this Legal Disclaimer at any time. These Terms and Conditions together with any additional terms and conditions specific to a particular service or content contained on the Web Site (which are incorporated herein by reference), constitute the entire agreement between the FivePoint and you regarding this subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.

Effective Date: September 16, 2013