BHI Holdings, Inc.

Terms of Use

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY BHI HOLDINGS, INC. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY BHI HOLDINGS AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access To This Site

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If BHI HOLDINGS believes the information you provide is not correct, current, or complete, BHI HOLDINGS has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without BHO HOLDINGS' express prior written consent. For example, you may not (and may not authorize any other party to) (i) co brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of BHI HOLDINGS. For purposes of these Terms of Use, "co branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site or which may confuse a user as the nature of the relationship between any party and BHI HOLDINGS. You agree to cooperate with BHI HOLDINGS in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

The material and content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by BHI HOLDINGS (the "Content") is the proprietary information of BHI HOLDINGS or the party that provided the Content to BHI HOLDINGS, and BHI HOLDINGS or the party that provided the Content to BHI HOLDINGS retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of BHI HOLDINGS, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates BHI HOLDINGS' intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, BHI HOLDINGS. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or BHI HOLDINGS. BHI HOLDINGS may not have reviewed some or all of such sites and is not responsible for the content of those sites. Hyper-links are [to be] accessed at the user's own risk, and BHI HOLDINGS makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by BHI HOLDINGS of that site.

This site may also contain information or materials that are obtained from third parties. BHI HOLDINGS makes no representations or warranties with respect to such information and does not undertake to conduct any independent investigation of such information or materials. Inclusion of information or materials from third parties on this site does not mean, unless expressly stated otherwise, that BHI HOLDINGS or any of its affiliates endorse or agree with such information or materials.

Submissions

You hereby grant to BHI HOLDINGS the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to BHI HOLDINGS through this site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. BHI HOLDINGS will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future BHI HOLDINGS operations.

BHI HOLDINGS will treat any personal information that you submit through this site in accordance with its Privacy Policy.

Disclaimer

You understand that BHI HOLDINGS cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. BHI HOLDINGS does not assume any responsibility or risk for your use of the Internet.

The Content is provided for informational purposes only, is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by BHI HOLDINGS. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. If you are considering an investment in BHI HOLDINGS or any of its affiliates, you should contact a financial advisor to obtain appropriate documentation for use in the relevant circumstance.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BHI HOLDINGS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BHI HOLDINGS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BHI HOLDINGS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BHI HOLDINGS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT BHI HOLDINGS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BHI HOLDINGS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

In some circumstances, this site may contain forward-looking statements. These forward-looking statements are not historical fact but rather are based on expectations, estimates and projections about BHI HOLDINGS' industry, beliefs and assumption as of the time they are made. Words usch as "anticipates," "expects," "intends," "plans," "believes," "seeks," "may," "will," "should," and "estimates" and variations of these words and similar expressions, [are intended to] identify forward-looking statements. These statements are not guarantees of future outcomes and are subject to risks, uncertainties and other factors, which may be out of BHI HOLDINGS' control. Forward-looking statements and events may not occur at all, or if they occur may result in outcomes that are substantially different from BHI HOLDINGS' expectations, estimates and projections as described on this site.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and BHI HOLDINGS does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation On Liability

BHI HOLDINGS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BHI HOLDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You will indemnify and hold BHI HOLDINGS, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of [the information accessed from] this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of BHI HOLDINGS or the party that provided the trademarks, service marks, and logos to BHI HOLDINGS. BHI HOLDINGS and any party that provided trademarks, service marks, and logos to BHI HOLDINGS retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). BHI HOLDINGS will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that BHI HOLDINGS considers insecure, BHI HOLDINGS will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, BHI HOLDINGS reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. BHI HOLDINGS reserves the right to investigate suspected violations of these Terms of Use.

BHI HOLDINGS reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing BHI HOLDINGS to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE, AND HOLD BHI HOLDINGS HARMLESS FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BHI HOLDINGS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BHI HOLDINGS OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of New York, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and BHI HOLDINGS arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in New York, New York. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. BHI HOLDINGS may revise these Terms of Use at any time by updating this posting.

Last updated: Apr 1, 2008