Promethean | Terms of Use

Welcome to the web site (“Site”) of Promethean Capital Group LLC (“Promethean,” “we” or “us”), a broker-dealer registered with the U.S. Securities and Exchange Commission and a member of the Financial Industry Regulatory Authority, Inc. (“FINRA”) These Terms of Use contain the terms, conditions, and provisions upon which you may access the information available through the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY EACH USE OF THIS SITE, YOU AGREE TO THESE TERMS OF USE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO BE BOUND BY THEM. THE INFORMATION AND SERVICES PROVIDED ON THE SITE ARE NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, AND ARE IN PARTICULAR NOT DIRECTED TO, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION, WOULD OBLIGATE PROMETHEAN TO COMPLY WITH ADDITIONAL RULES OR WHICH WOULD SUBJECT PROMETHEAN OR ANY OF ITS AFFILIATES TO ANY ADDITIONAL REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY. THE SERVICES ARE NOT SPECIFICALLY DIRECTED TO A RESIDENT OF ANY STATE IN WHICH USE OF SUCH SERVICES WOULD CONSTITUTE AN UNLAWFUL OR UNREGISTERED OFFER OR SALE OF SECURITIES OR BROKERAGE SERVICES IN SUCH STATE OR OTHERWISE REQUIRE REGISTRATION OF PROMETHEAN IN A STATE IN WHICH IT IS NOT CURRENTLY REGISTERED. PROMETHEAN MAY ONLY ACT AS A BROKER, DEALER, AGENT OR SALESMAN IN A STATE IF IT IS FIRST LICENSED OR REGISTERED BY SUCH STATE OR PROPERLY EXCEPTED OR EXEMPTED FROM SUCH LICENSURE OR REGISTRATION.

1. TERMS AND CONDITIONS

By accessing, viewing or using the materials or services available on or through the Site you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and that you accept these Terms of Use and agree to be legally bound by them. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to and understanding of all such terms, conditions, and notices. Promethean reserves the right to change the terms, conditions, and notices under which the Site and the information and services offered through the Site are offered without further notice to you. Your continued use of the Site will signify your agreement with and understanding of any additional or modified terms, conditions or notices applicable to the Site. While Promethean uses reasonable efforts to update the information on the Site, Promethean makes no representations or warranties as to the accuracy, reliability, timeliness or completeness of any information at the Site. Any content at the Site is subject to change without notice.

2. GRANT OF LICENSE

The Site and the materials and information available on or through it are provided by Promethean as a service to you. You are hereby granted a limited, non-exclusive, revocable and nontransferable license to use the Site conditioned on your continued compliance with these Terms of Use. Users may print or if applicable download content from the Site provided that all hard copies contain all copyright and other applicable notices contained in the originals of such content. The use of any such content on any other Web site or networked computer environment is prohibited. Except as otherwise expressly permitted herein or under an agreement between you and Promethean, you may not modify, copy, distribute, broadcast, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise use any information, products, services or material obtained from or through the Site. As a further condition of use of the Site, you warrant to Promethean that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use and you will comply with any applicable local, state, national, or international laws or regulations when using the Site. Nothing at the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at the Site. No act of downloading or otherwise copying from the Site will transfer title to any software or material at the Site to you. You may not decompile, reverse engineer, disassemble, or otherwise reduce any computer files obtained from the Site to a human-perceivable form. Anything that you transmit to the Site becomes the property of Promethean, may be used by Promethean for any lawful purpose (subject to any further agreement between you and Promethean), and is further subject to disclosure as deemed appropriate by Promethean, including to any legal or regulatory authority to which Promethean is subject. Promethean reserves all rights with respect to copyright and trademark ownership of all material at the Site, and will enforce such rights to the full extent of the law.

3. NATURE AND USE OF SITE

The Site and its content are not intended as an offer to sell or the solicitation of an offer to purchase an interest in any investment product. Any such offer or solicitation, if made, may be made solely by delivery to qualified eligible investors of, and are governed by, definitive agreements and disclosures regarding such investment product, which definitive agreements and disclosures should be reviewed carefully to determine whether an investment is suitable for such investor. The content is not complete and does not contain certain material information about Promethean and its products and services. You acknowledge that Promethean may act as a sales agent, selling agent, placement agent, solicitor or introducer (or in a similar capacity) in respect of various issuers and will be separately compensated in such capacity. Promethean’s receipt of compensation should not be construed as an endorsement of any investment by Promethean. The Site is provided solely for informational purpose and is not intended to be, nor should it be construed or used as investment, tax, or financial advice, any recommendation, or, as stated above, an offer to sell, or a solicitation of any offer to buy, an interest in any security. While the information contained on the Site has been obtained from sources believed reliable, neither Promethean nor any information provider represent or guarantee that the information on the Site is accurate, timely, valid or complete or make any warranties with regard to the results that have or may be obtained from its use. IF YOU ARE IN ANY DOUBT AS TO WHETHER THIS WEB SITE CAN BE LAWFULLY USED BY YOU DO NOT USE THE SITE.

You acknowledge that you are capable of independently analyzing the content and Promethean’s products and services using your own expertise, due diligence and decision making, and you are solely responsible for any investment or other decisions made by you through your use of the content and for any and all results achieved thereby, whether for your own account or on behalf of others. You understand that an investment in any security, financial product, instrument or investment strategy is subject to a number of risks. No representation is made that any person utilizing Promethean’s products or services will or is likely to achieve its objectives, that any investment strategy or risk management will be successful, or that any such person will or is likely to achieve results comparable to any shown or will make any profit or will be able to avoid incurring losses. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.

Any statements, assumptions, assessments or the like (collectively, “statements”) regarding future events or that are forward-looking, or reflect past, present or future market conditions or commentary (or reviews, outlooks or similar Content), constitute only subjective views, outlooks, estimations or intentions, are based upon our or the source’s expectations, intentions or beliefs, should not be relied on, are subject to change due to a variety of factors, including fluctuating market conditions, and involve inherent risks and uncertainties, both general and specific, many of which cannot be predicted or quantified and are beyond Promethean’s control. Such risks and uncertainties include, without limitation, the adverse effect from a decline in the securities or futures markets, the correlation or non-correlation between strategies or markets, a general downturn in the economy, competition from other companies, changes in governmental policy or regulation, inability to attract or retain key employees, or inability to implement our strategies. Future evidence and actual results could differ materially from those set forth in, contemplated by, or underlying these statements. In light of these risks and uncertainties, there can be no assurance, and no representation is given, that these statements are now or will prove to be accurate or complete in any way. Promethean undertakes no responsibility or obligation to revise or update such statements. Statements expressed herein may not necessarily be shared by all personnel of Promethean or its affiliates.

4. NO INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS

The information on the Site is intended for informational, educational and research purposes only. Promethean does not provide recommendations, investment advice or any other advice to you or any other party through the Site, and no information or material at the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Accordingly, Promethean does not offer advice regarding the quality or suitability of any investment and assumes no responsibility or liability for any investment decisions or advice, treatment, or services rendered by any person or entity mentioned, featured or linked to on the Site. Neither the information nor any opinion contained on the Site constitutes investment advice or an offer or a solicitation by Promethean for the purchase or sale of any securities, futures, options or other financial instruments. This material and any views expressed herein are provided for informational purposes only and should not be construed in any way as an endorsement or inducement to invest with any investment or type of investment. Before making any investment decision, you are advised to consult with your professional advisors as to whether such investment is suitable and/or do such other due diligence as may be appropriate under the circumstances. Promethean does not perform due diligence on behalf of any person and shall have no liability for investment decisions based upon, or the results obtained, from the content provided herein.

5. INTELLECTUAL PROPERTY RIGHTS

All material contained on or available through the Site, unless otherwise indicated, is proprietary and is protected by law including, but not limited to, copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Promethean does not grant any express or implied right to users of the Site under any patent(s), copyright(s), trademark(s), or trade secret information. Accordingly, unauthorized use of any material contained on the Site by you will violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes. Promethean and all other names, logos, and icons identifying Promethean’s products and services are proprietary marks of Promethean, and any use of such marks without the express written permission of Promethean is strictly prohibited. Other product and company names mentioned herein may be the trademarks of their respective owners.

6. PRIVACY POLICY

You acknowledge that you have read Promethean’s general Privacy Policy posted on the Site. All information collected in the course of your using the Site or otherwise, including any individual logging or click-stream data gathered in course of navigating the Site, is strictly for internal purposes and will be kept confidential at all times. We may capture and record information on our server logs from your browser when you interact and use the Site including your IP address, cookie information and the page(s) you request regarding your IP address generally for use in administering the Site, customizing the content you see, fulfilling your requests for certain services and information, and contacting you. Cookies are alphanumeric identifiers that we may transfer to your computer hard drive through your Web browser to enable our systems to recognize that browser. Your IP address may be used to help identify you and your patterns and processes and to gather broad demographic and current interest information that we may then use for generic reports posted on the Site. If you provide contact information to Promethean, you may at any time opt out of receiving communications except for those essential to your use of the Site and to your interactions with Promethean regarding Promethean’ss services and products, and for regulatory requirements. You additionally have the option to remove all personal information from the Site’s database and not to receive future communications or to forgo the Site’s information and services altogether by contacting Promethean.

7. SITE SECURITY

The Site may contain links to other Web sites (See “Links to Other Sites” below). Promethean is not responsible for the content or privacy practices or policies of such Web sites. The Site has strict security measures in place to protect against the loss, theft, misuse and/or alteration of the information contained on the Site.

8. CONFIDENTIALITY ON INTERNET

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Promethean has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, Promethean and its affiliates are not responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Site and must make your own determination as to these matters.

9. SECURITY OF SITE

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Promethean reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible criminal activity on the Site. Promethean will also comply with all lawful court orders and governmental, regulatory and law enforcement requests involving such information.

10. FORUMS

To the extent the Site contains news, opinions, bulletin boards, message boards, review areas, chat rooms, question/answer areas, or other forums (collectively, “forums”), the following is applicable, and you agree that by using the Site you will not post or transmit (including by email) any of the following materials on the Site’s forums: Statements or material that defame, harass, abuse, stalk, threaten, or in any way infringe on the rights of others; unauthorized copyrighted material or any other material that infringe on the intellectual property rights, trade secrets, or privacy of another; statements or material that are bigoted, hateful, or racially offensive; statements or material that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction; statements or material that constitute insider trading or violate any other securities laws; statements that constitute anti-competitive collaboration and/or antitrust violations; statements or material that contain vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person; statements or material that contain vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person; statements or material that solicit or encourage users to become affiliated or do business with competitors of Promethean; and files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Advertising and commercial solicitation may be posted on or transmitted through the Site only with Promethean’s express prior written approval and only if the advertising or commercial solicitation complies with applicable law and all conditions imposed by Promethean. Promethean is not responsible for screening, policing, editing, or monitoring user or other third-party content posted to Site forums. Nevertheless, Promethean reserves the right, in its sole discretion, to delete or take other action with respect to postings that Promethean believes in good faith violate these Terms of Use and/or are potentially unlawful and/or do not fit into the context of the Site including editing postings in any question/answer areas of the Site for length and clarity. Persons who violate these Terms of Use may, in Promethean’s discretion, receive a warning from Promethean or be barred from the Site without warning. If you become aware of a posting that may violate these rules, you may contact us. You must use your best judgment and reasonable caution in evaluating all third-party postings or other content (including information and opinions posted by others to Forums) on the Site. Promethean does not endorse any opinion expressed by any third party. Promethean does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of, any advice, opinion, statement, or other material displayed, uploaded, or distributed by any user of, or third-party contributing materials to, the Site. Promethean expressly disclaims all responsibility and liability for such materials. By submitting content to a forum or other portion of the Site, you automatically grant Promethean a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, edit (for length, clarity or as otherwise pursuant to these Terms of Use), translate, create derivative works from, distribute, redistribute, transmit, perform, and display such content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Notwithstanding this right and license, it is understood that by merely permitting a third party posting to appear on a Site Forum as intended by the third party and unedited by Promethean (except as set forth above), Promethean has not become and is not a publisher of such posting.

11. ADVERTISERS ON THE SITE

Promethean, in its sole discretion, may post the advertisements of third parties on the Site. Promethean’s posting of such advertisements is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services or products by Promethean. Your acceptance of such advertised services or products is at your own risk based upon such due diligence as you have determined is appropriate. Your correspondence and any other dealings with advertisers found on the Site are solely between you and such advertiser. You agree that Promethean shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site. Moreover, you acknowledge that Promethean shall not be responsible or liable for the statements, product, services or conduct of any such third party on the Site.

12. LINKS TO OTHER SITES

Promethean may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information and services or otherwise. Promethean has not reviewed the content of any site owned by a third party that may be linked to the Site and exercises no control over such sites. Accordingly, Promethean expressly disclaims any responsibility and shall not be liable for the content (or any errors, misrepresentations, or omissions therein), the accuracy and timeliness of the information, the download, transmission or delivery of any such information and/or quality of products or services provided by or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party. See also “Disclaimers.”

13. EVENTS BEYOND PROMETHEAN’S CONTROL

You expressly absolve and release Promethean and its affiliates and each of their respective officers, directors, members, partners, shareholders, employees, agents, advisors and representatives (collectively, “Promethean and Its Affiliates”) from any claim of harm resulting from a cause beyond Promethean’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or other natural disasters, strikes or other labor problems, wars, terrorist attacks, or governmental restrictions.

14. DISCLAIMERS

THE MATERIALS AT THE SITE ARE PROVIDED “AS IS.” SUCH MATERIALS HAVE BEEN GATHERED AND DERIVED FROM SOURCES BELIEVED TO BE RELIABLE. HOWEVER, PROMETHEAN HAS NOT INDEPENDENTLY VERIFIED THE INFORMATION AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING REGARDING THE ACCURACY, TIMELINESS, VALIDITY OR COMPLETENESS OF THE INFORMATION, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OR THAT THE SERVICE WILL REMAIN UNINTERRUPTED. PROMETHEAN FURTHER ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, FUNCTIONS OR SERVICES CONTAINED AT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROMETHEAN AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USE OF THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE INFORMATION ON THE SITE IS INTENDED FOR INFORMATIONAL, EDUCATIONAL AND RESEARCH PURPOSES ONLY. ACCORDINGLY, PROMETHEAN AND ITS AFFILIATES, DO NOT RECOMMEND, SOLICIT OR OFFER ANY INVESTMENT THROUGH THE SITE AND SHALL NOT BE LIABLE FOR ANY INVESTMENT DECISIONS, ADVICE, LOSS OF PROFITS, COSTS OR ANY OTHER INDIRECT DAMAGES RELATING TO THE SUITABILITY, ADEQUACY, VALIDITY, ACCURACY, TIMELINESS, DELAY OR COMPLETENESS OF ANY INFORMATION ON THE SITE. PROMETHEAN ALSO DOES NOT OFFER ADVICE REGARDING THE QUALITY OR SUITABILITY OF ANY INVESTMENT ADVISER OR MANAGER AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY INVESTMENT DECISIONS OR ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY INSTITUTIONAL INVESTOR, EXPERT PANELIST, BROKER DEALER, INVESTMENT ADVISER, INVESTMENT MANAGER, INVESTMENT PROFESSIONAL, ADVERTISER OR ANY OTHER PERSON FEATURED, MENTIONED OR ADVERTISED ON THE SITE. WITH RESPECT TO THE PERFORMANCE DATA PRESENTED ON THE SITE, YOU SHOULD NOTE THAT PAST PERFORMANCE IS NOT NECESSARILY AN INDICATION, AND IS NOT A GUARANTEE, OF FUTURE PERFORMANCE. UNAUTHORISED USE OF ANY MATERIAL CONTAINED ON THE SITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, TRADEMARK LAWS, TRADE SECRET LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND OTHER REGULATIONS AND STATUTES. FOR ANY AUTHORISATION REQUESTS, PLEASE CONTACT US.

15. LIMITATION OF LIABILITY AND INDEMNITY

Under no circumstances, including, but not limited to, negligence, shall Promethean and Its Affiliates be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in the Site, even if Promethean and/or Its Affiliates have been advised of the possibility of such damages. In no event will Promethean and Its Affiliates have any liability to you for damages, losses and causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) for accessing the Site. You agree that your breach of these Terms of Use may result in irreparable harm to Promethean which cannot be compensated by money damages, and that Promethean shall be entitled to obtain injunctive relief for any such breach. You agree to defend, indemnify, and hold harmless Promethean and Its Affiliates and their respective attorneys, licensors, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on the information available or through the Site, and any breach by you of these Terms of Use or other improper act or omission.

16. NOTIFICATION FOR CERTAIN MATTERS

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content infringes your copyrights, you (or your agent) may send us a notice requesting that such Content be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you with respect to the Content, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.

Notices and counter-notices should contain the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
A description of the intellectual property right that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

Notices and counter-notices with respect to the Site should be sent to:

E. Kurt Kim
Promethean Capital Group LLC

77 Moshup Trail
Aquinnah, MA 02535

Tel: 617.340.8370
Fax: 617.340.8377

E-mail for notice: kkim@promcap.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

In the event you believe in good faith that any Content is otherwise in error, please contact us at kim@promcap.com with, if possible, a description of the content to be checked and the location (URL) where such content can be found on the Site, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.

17. GOVERNING LAW

These Terms of Use has been made in and will be construed and enforced in accordance with the laws of the State of New York, without giving effect to conflicts of law principles. Any action to enforce these Terms of Use may be brought in the courts located in the County of New York, State of New York, and all parties to these Terms of Use expressly agree to be subject to the jurisdiction of such courts. Promethean makes no representation that materials in the Site are appropriate or available for use in all locations, and access to them from territories where any of the contents of the Site are illegal is prohibited. Those who choose to access the Site from other locations do so on their own accord and are responsible for compliance with applicable local laws.

18. TERMS AND TERMINATION

These Terms of Use take effect at the time you begin using the Site, and at each use thereafter, you shall be deemed to have reaffirmed your acceptance of these Terms of Use. Promethean reserves the right at any time in its sole discretion to deny you access to the Site or any portion thereof and to terminate these Terms of Use. Termination will be effective without notice.

19. WAIVER

Failure to insist on strict performance of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Promethean of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

20. ADMISSIBILITY

A printed version of these Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

21. SEVERABILITY

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use, and, if possible, the then invalid or unenforceable provision will be deemed superseded and replaced by a valid, enforceable provision that most clearly matches the intent of the original provision.

22. RESERVATION OF RIGHTS

Any rights not expressly granted herein are reserved.

23. COMMENTS AND CONTACT INFORMATION

Promethean also welcomes your feedback and suggestions about how to improve the Site. If you have questions regarding the Site or if you are interested in obtaining more information concerning Promethean and its services, please contact Promethean at jobrien@promcap.com or kkim@promcap.com

24. ENTIRE AGREEMENT

The Terms of Use and Privacy Policy and other terms and conditions and similar provisions that may be applicable to you regarding specific services or features of the Site (all of which are hereby incorporated as if set forth fully herein), represent the entire agreement between you and Promethean with respect to use of and material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Promethean with respect to the Site.