Terms and Conditions
Effective Date: August 09, 2012
Welcome to the Farmer Bros. Co. website (www.farmerbros.com) (the “Site”). The Site is owned and operated by Farmer Bros. Co., a Delaware corporation, together with its subsidiaries and divisions, which are listed below (collectively referred to as “Farmer Bros. Co.,” “us,” “our” and/or “we”). Your use of the Site is governed by the following Terms and Conditions (these “Terms”), regardless of how or why you access the Site, and these Terms constitute a legally-binding agreement between you and Farmer Bros. Co. These Terms apply only to your usage of the Site and do not apply to any of our offline transactions with you.
PLEASE READ these Terms before you visit the Site. Your usage of the Site signifies that you have read and agree with all of these Terms, so please don’t use the Site if you don’t agree with any of them.
We reserve the right to update and revise the Site and these Terms at any time. We will post any new or revised Terms here, and you should review these Terms regularly to make sure that you are aware of any changes. You can determine if these Terms have been revised since your last visit by referring to the effective date at the top of these Terms. If changes are significant, we will also notify you of such changes to these Terms via the contact information you have provided to us, if any. Your use of the Site following such revision constitutes your acceptance of these Terms as amended or revised by us, and the revisions will apply to your use of the Site on and after the date on which we post the revised Terms to the Site. We will keep prior versions of these Terms in an archive for your review upon request.
We reserve the right, without notice and for any reason, to remove any content on the Site; to modify, suspend, or discontinue the Site or any portion of the Site; and/or to deny the access of any user or users to all or any part of the Site.
The Site is controlled and operated from the United States, and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. The Site may not be appropriate or available for use in some jurisdictions outside of the United States, and use of the Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms. If you access the Site, you do so at your own risk, and you agree to comply with all applicable local, state and federal laws, rules and regulations in connection with your use of the Site. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Your use of the materials and information found on the Site is for personal, informational and shopping purposes only. You agree that you will not distribute, publish, transmit, display, transfer, modify, or create derivative works from or exploit the contents of the Site in any way. You agree to indemnify, defend and hold us harmless for, from, and against any and all claims, damages, liabilities, losses, judgments, attorneys’ fees, and expenses arising out of uses you may make of any material and information found on the Site. You acknowledge the unauthorized use of the contents of the Site could cause irreparable harm to us and that in the event of an unauthorized use, we will be entitled to any and all remedies available at law or in equity, including, without limitation, injunctive relief, without the necessity of proving monetary damages or posting a bond or other security.
Conduct on the Site
Users of the Site are expected to respect the rights and dignity of others. Specifically, you agree not to:
- Use the Site for any fraudulent or unlawful purpose or any purpose prohibited by these Terms.
- Impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make or have made.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of our networks.
- Transmit or otherwise make available in connection with the Site any virus, worm, spyware, or other computer code, file, or application that may be harmful or invasive or may or is actually intended to damage or overtake the operation of, or to monitor the usage of, any hardware, software, or equipment.
- Restrict or inhibit any other person from using the Site (including without limitation by defacing the Site or any part thereof).
- Violate the rights of any third party or breach any contract with or duty owed to any third party.
- Reproduce, copy, sell, resell, or otherwise exploit for any purposes, any portion of or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
- Remove any copyright, trademark, or other intellectual property rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without obtaining our prior written consent.
- Create a database by downloading and saving content from the Site.
- Attempt to gain unauthorized access to the Site or accounts other than your own. You may not obtain or attempt to obtain any material or information through any means not intentionally made available to you through the Site. You may not attempt to defeat any security measures that we take to protect the Site.
- Use any manual or automatic site search/retrieval computer hardware or application to retrieve or in any way gather Site content or reproduce or circumvent the structure or presentation of the Site without our prior written consent. Operators of search engines are hereby granted a limited permission to use retrieval applications to reproduce materials from the Site for the purpose of and only to the extent necessary for creating publicly available searchable indices of content on the Site and only in connection with each operator’s public online search service. We reserve the right to revoke this permission in whole or in part.
Farmer Bros. Co. has the right, but not the obligation, at any time and with any frequency in its discretion, to audit your usage of the Site to determine your compliance with these Terms.
Content you submit using the Site
If you choose to post, upload, input, provide or submit any information, content, or comments (such information, content, and comments are referred to collectively in this section of these Terms as “information”) to our blog(s) or any other portion of the Site where it is readily apparent that the information will be publicly available, you consent to our posting and collection of such information, and you grant us permission to use (and to allow third parties to use) such information in connection with the operation of the Site and our business generally, including, without limitation for our advertising and marketing purposes. You grant us the unrestricted, worldwide, transferable, sublicensable, royalty-free, fully-paid up, and exclusive right and license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your submitted information; and to publish your name and any contact information in connection with your submitted information. You acknowledge and agree that we may use the information you post to the Site in any media, now known or hereafter developed, without additional notice to you beyond this notice set forth in these Terms. No compensation will be paid with respect to the use of your submitted information. We are under no obligation to post or use any information you may provide and we may remove any such information at any time in our sole discretion. We are under no obligation to use your name or any of your contact information in connection with our use of the information under this paragraph, and we are under no obligation to give you any attribution or credit for such information. We do not claim ownership to any information that you may provide, unless otherwise expressly provided. You acknowledge and agree that Farmer Bros. Co. may have something similar already under consideration or development, and Farmer Bros. Co. will own all right, title, and interest in and to what it creates or develops without use of your information.
Even though you grant us an exclusive license to use of your information, you maintain ownership of the information and you may continue to also copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your information.
In addition to the above, here are some other things you should know if you subscribe to, comment or post to our blog(s) or any other portion of the Site:
- You are solely responsible for your conduct relating to your posting of information to the Site and for any information you post to the Site or that you allow others to post to the Site under your username. You can edit or remove some or all of your posts to our blog(s) at any time. If you remove your blog account, we will remove all posts from public view if you request that we do so, but copies of your blog account information and blog posts may remain in our storage media. We retain the right to make archival and back-up copies of and to store information you post (and drafts of information that you never actually post) to the Site, indefinitely. You agree, however, that we have no responsibility or liability for the deletion of or failure to store or transmit the information.
- You must not use our blog(s) or otherwise post information to the Site for unlawful purposes or to promote illegal activities. If you do use our blog(s) or otherwise post information to the Site for such purposes, your access to the blog(s) and/or Site may be suspended or terminated, and we may notify law enforcement authorities of your actions.
- You must not create multiple accounts for yourself with the intention of exploiting our blog(s) or the Site.
- Farmer Bros. Co. may or may not pre-screen your information before it is posted, and Farmer Bros. Co. shall have the right, but not the obligation, in its sole discretion and without notice to you to refuse to post your information.
- Farmer Bros. Co. is not obligated to monitor the information posted to the Site. We reserve the right, however, to decide what to post and whether to remove or respond to any posts, without notice or liability to the user who posted the information.
- All comments must relate in some way to the post on which you are commenting.
- By posting, you represent and warrant that you have the right to share the information in your posts, and that our use of the information as allowed in these Terms and inclusion of the information on the Site does not and will not infringe, misappropriate, or otherwise violate any third-party copyright, trademark, patent, trade secret, any other proprietary right, privacy right, right of publicity, or other third-party right. You shall be solely responsible and liable for any damages resulting from any infringement, misappropriation, or violation of any such third-party right or any other harm resulting from your posting of information to the Site, and you agree to indemnify, defend, and hold harmless Farmer Bros. Co. for, from, and against any and all claims, damages, liabilities, losses, judgments, attorneys’ fees, and expenses arising from the same.
- Because blogs and message boards are informal in nature, we may not identify our trademarks as such in all posts and comments; however, we continue to reserve all rights, titles, and interests in such trademarks, regardless of how they are used on the Site.
- Information posted to the Site is the responsibility of users who post such information. This information may be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. The views and opinions expressed by users on the Site are not necessarily our views or the view of our investors, management or board of directors. We are not responsible for, and we disclaim any and all liability for the information posted by users of the Site. You acknowledge and agree that your reliance on the information posted by other users of the Site will be at your own risk.
- In the event Farmer Bros. Co. refuses to post your information to the Site or removes any information you posted to the Site for any reason, Farmer Bros. Co. reserves the right to disclose any such information as necessary to satisfy any applicable law, regulation, or governmental request, or to otherwise use the information in any manner.
- Although we welcome and encourage feedback from our customers, the Site is not intended to replace our normal customer service channels.
Farmer Bros. Co. will disable access to or remove information posted to the Site by Site users, if it believes in good faith that the information is infringing a copyrighted work. We will suspend and/or terminate access of users of the Site that we believe in good faith are repeat copyright infringers. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed by content posted to the Site or if you believe that content you posted to the Site has been wrongly removed from the Site, please [CLICK HERE] and refer to the Farmer Bros. Co. Digital Millennium Copyright Act Policy (“DMCA Policy”) for information regarding how to file or respond to a notice of infringement. This DMCA Policy is incorporated into and made a part of these Terms by this reference, and your use of the Site constitutes your acknowledgement of and agreement to the DMCA Policy.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Farmer Bros. Co. through any suggestion or feedback page(s) on the Site, you acknowledge and agree that: (a) your Contributions do not contain the confidential or proprietary information of you or an third party; (b) Farmer Bros. Co. is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Farmer Bros. Co. is entitled to, but under no obligation to, use or disclose (without notice to you) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (d) Farmer Bros. Co. may have something similar to the Contributions already under consideration or development, and Farmer Bros. Co. will own all right, title, and interest in and to what it creates or develops without use of your Contributions; (e) you hereby assign all right, title, and interest in and to your Contributions (and all copyright, trademark, trade secret, and other intellectual property rights therein) to Farmer Bros. Co.; and (f) you are not entitled to compensation of any kind for your Contributions.
You may need to register to use part(s) of the Site. When registering, you agree to provide current, complete, and accurate information, as prompted by the registration page. You also agree to update your information if any information changes. As part of the registration process, you will create a user name and password. We may require from time to time that you change any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You will be responsible for all usage of your user name and password and activity that occurs under your user name and password, and you agree to promptly notify us of any unauthorized use of your user name and password, or your account on the Site. Farmer Bros. Co. will not be liable for any loss, damage, or liability that you may incur as a result of someone else using your user name and password, either with or without your knowledge. You may be held liable for losses, damages, or liabilities incurred by Farmer Bros. Co. due to someone else using your user name and password, either with or without your knowledge.
Accuracy of Information
We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy or timeliness of any information on the Site.
Our Intellectual Property Rights
We and our respective licensors and suppliers, manufacturers and distributors exclusively own all rights, titles, and interests in and to the information and materials made available through the Site (except for information posted by our Users, which is discussed above), and all copyright, trademark, and other proprietary rights in such information and materials. Except as expressly authorized in advance by us, you agree not to reproduce, modify, translate into any other language, creative derivative works based on, reverse engineer, rent, lease, loan, sell, offer to sell, otherwise transfer, republish, display, distribute, or otherwise use all or any part of the Site or any information or materials made available through the Site.
Trademarks and service marks we use on the Site represent only some of the marks we currently own or have the right to use in the United States and/or in one or more other countries. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we may own and control other trademark rights in one or more countries outside of the United States. All rights not expressly granted are reserved. Your use of the marks displayed on the Site without our prior written consent is strictly prohibited.
All trademarks and service marks on the Site not owned by us are the property of their respective owners.
Limitations of Liability and Disclaimers
THE SITE AND ALL GOODS, SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TIMELINENESS, RELIABILITY, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT COMMUNICATIONS THROUGH THE SITE WILL BE SECURE AND NOT INTERCEPTED. IF YOUR USE OF THE SITE OR THE MATERIAL CONTAINED ON THE SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN WE WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING OUT OF (i) YOUR USE OF OR INABILITY TO USE THIS SITE; (ii) ANY INFORMATION OR MATERIALS OBTAINED ON OR THROUGH THE SITE; OR (iii) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL CIRCUMSTANCES, OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE. NOTWITHSTANDING THE FOREGOING SENTENCE, IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
California residents agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alterations to or use of the Site or any other breach of security, contact us at email@example.com.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us harmless from and against all claims, damages, losses, judgments, demands, and costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or materials or information made available through the Site; (b) your violation of any law or rights of any third party through your use of the Site; or (c) any violation of these Terms by you.
We may, at any time and for any reason, terminate your access to or use of: (a) the Site, (b) your user name and password, and/or (c) any files or information associated with your user name and password. If we terminate your access to the Site, your username and password, and/or any files or information associated with your username and password, you will not have the right to bring claims against us or our affiliates with respect to such termination. We shall not be liable for any termination of your access to the Site or to any such information or files, and (except as may be required under applicable law) shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms (including without limitation our right to cooperate with any legal process relating to your use of the Site or any third party claim that your use of the Site is unlawful or infringes a third party’s rights, or to enforce or defend our rights). Accessing the Site after such termination will constitute an act of trespass, among other potential claims.
Your Discontinued Use
You may discontinue use of the Site at any time. These Terms will continue to apply to all past use of the Site by you, even if you are no longer using the Site, whether voluntarily or because we terminated your access to the Site.
Governing Law; Dispute Resolution
You hereby agree that these Terms (and any claim or dispute arising in connection with these Terms or your use of the Site) are governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Los Angeles, California, and waive any jurisdictional, venue or inconvenient forum objections thereto.
Information or Complaints
If you have any questions or complaints regarding the Site, please feel free to contact us via email at firstname.lastname@example.org. Email communications are not necessarily secure, so please do not include sensitive information in any email to us. You may also contact us at:
20333 South Normandie Avenue
Torrance, CA 90502
Ability to Agree to these Terms; Intended Users
The Site is intended for adults only. By accessing or using the Site, you affirm that you are (i) eighteen (18) years old or older, or that you are between the ages of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the Site and provide information through the Site; and (ii) that you have authority to agree to these Terms and are competent and capable of understanding and complying with these Terms. Farmer Bros. Co. will not knowingly collect any Personally Identifiable Information from children under the age of thirteen (13) and will not knowingly contact children under the age of thirteen (13) for marketing purposes.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://kids.getnetwise.org and http://onguardonline.gov. We do not endorse any of the products or services listed at these sites. Further, this notice shall not constitute an admission by us that any content on our Site is harmful to minors.
Forward-Looking Statements; Securities Laws
Certain statements on the Site regarding the risks, circumstances and financial trends that may affect our future operating results, financial position and cash flows are not based on historical or current fact and are forward-looking statements within the meaning of federal securities laws and regulations. These statements are based on our management’s current expectations, assumptions, estimates and observations of future events and include any statements that do not directly relate to any historical or current fact. These forward-looking statements can be identified by the use of words like “anticipates,” “feels,” “estimates,” “projects,” “expects,” “plans,” “believes,” “intends,” “will,” “assumes” and other words of similar meaning that relate to or indicate future operations or financial performance. Owing to the uncertainties inherent in forward-looking statements, actual results could differ materially from those set forth in forward-looking statements. We intend these forward-looking statements to speak to and apply only at the time they are posted to the Site, and we do not undertake to update or revise these statements as more information becomes available except as required under federal securities laws and the rules and regulations of the SEC. Factors that could cause actual results to differ materially from those in forward-looking statements include, but are not limited to, fluctuations in availability and cost of green coffee, competition, organizational changes, our ability to successfully integrate the CBI and DSD Coffee Business acquisitions, the impact of a weaker economy, business conditions in the coffee industry and food industry in general, our continued success in attracting new customers, variances from budgeted sales mix and growth rates, weather and special or unusual events, and changes in the quality or dividend stream of third parties’ securities and other investment vehicles in which we have invested our assets, as well as other risks and factors that may be described from time to time in our filings with the SEC or other securities-related documents.
The Site and the information contained in the Site do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained on the Site is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Prior to making an investment decision related to Farmer Bros. Co., please review all possible sources of current information; including, without limitation, our filings with the U.S. Securities and Exchange Commission, and specifically, our most recent earnings release and our most recent Form 10-Q or Form 10-K for more information on the risk factors that could cause our actual results to differ materially from those contained in our forward-looking statements.
Farmer Bros. Co. – Subsidiaries and Divisions
- Coffee Bean International, Inc.
- Coffee Bean Holding Co., Inc.
- Spice Products Company
- Custom Coffee Plan
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Farmer Brothers20333 S. Normandie Avenue, Torrance, CA 90502
©2012 Farmer Bros Co. All Rights Reserved.