Terms and Conditions

Invitation

Newkirk Products, Inc. ("Newkirk"), A DST Company, maintains this site (the "Site") for your information and education. Please feel free to browse the Site.

Restriction on Use of Materials

You may download or copy materials displayed on the Site for non-commercial, personal use only, provided you retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including text, images, audio, and video, without the written permission of Newkirk.

Ownership

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted. Materials may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Newkirk. Newkirk neither warrants nor represents that your use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with Newkirk. No copyright is claimed with respect to materials published by the U.S. government or any agency thereof.

Accuracy

While Newkirk uses reasonable efforts to include accurate and up-to-date information on the Site, Newkirk makes no warranties or representations as to its accuracy. Newkirk assumes no liability or responsibility for any errors or omissions in the content of the Site.

Frequently asked questions and answers and commentary are provided as general guidance on the subjects covered and are not provided as legal advice to the questioner's situation. Any legal issues should be reviewed by your legal counsel, who can apply the law to the particular facts of your situation. The laws, regulations, and court decisions in the employee benefits area change frequently. Answers and commentary are believed to be correct as of the posting dates shown. The completeness or accuracy of specific information provided on the Site may be affected by changes in the laws, regulations, or court decisions that occur after the date on which material is posted.

Warranties

The Site is provided to you "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Browsing or using the Site is done at your own risk.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NEWKIRK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, A NEWKIRK SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Viruses

Newkirk also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, browsing, or using the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Intellectual Property, Privacy, and Publicity

Images of people or places displayed on the Site are either the property of, or used with permission by, Newkirk. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Newkirk and others. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Newkirk or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited.

Links

Newkirk has not reviewed all of the external sites linked to the Site and is not responsible for and assumes no liability for the accuracy, content, or availability of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

Choice of Law/Forum Selection

By using this website, users agree that any disputes arising from such use will be resolved in accordance with the laws of the State of New York, without regard to any provision of New York law that would require or permit the application of the substantive law of any other jurisdiction, and that any legal action with respect to any such disputes shall be brought in the federal or state courts located in Albany County, New York.

Revisions

Newkirk may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Revised: 2/2011