Daniel Kouba

Riverside Company

English Deutsch Česky Magyar Polski Español

Terms and Privacy

Updated 05/27/04

Welcome to The Riverside Company's Web Site. Please read the Terms of Use and Privacy Policy carefully before using this Web Site.

Terms of Use

The Riverside Company („Riverside”) assumes that if you use this Web Site, you have read, understood and agree to these Terms of Use. If you do not agree to these Terms of Use, you should not use this Web Site.

We reserve the right to update or change these Terms of Use at any time and for any reason. If we make significant changes to our policies, we will post a notice on our home page or alert you to such changes by other similar means. By continuing to use this Web Site, you agree to be bound by any such revisions, and therefore, you should visit this page of the Web Site periodically and print the latest version of the Terms of Use for your records. For your information, the date of the last update to these Terms of Use is stated at the top of this document.

In addition to these Terms of Use, you should also read and be aware of the provisions of our Privacy Policy, which discloses Riverside's prac­tices regarding the collection and use of your personal information, and other policies that govern our Web Site.

1. GENERAL LEGAL PROVISIONS

Third Party Links: The Web Site may include links to third party web sites which may include opinions, information or recommendations of various individuals, organizations or companies. In providing such links, Riverside does not represent to you that it has investigated the content of such third party web sites. Riverside does not warrant or guarantee the accuracy of any content included on third party web sites nor does it endorse, credential or accredit any opinions, recommendations or information included on such third-party web sites. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites.

Governing Law and Jurisdiction:

The use of this Web Site and these Terms of Use are governed by Ohio law.

International Laws: Riverside makes no claims that the Content of the Web Site is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Assignment: Riverside may assign its rights and duties under these Terms of Use to any party at any time without notice to you and/or your approval.

Notices: Questions or comments regarding this Web Site should be directed to Christine Croissant, our Director of Communications, at cmc@riversidecompany.com, or by phone at (216)344–1180.

The Riverside Company is an equal opportunity employer.

Privacy Policy

Your privacy concerns are important to us at The Riverside Company („Riverside”), and we are committed to protecting your privacy. Please read the following Privacy Policy to understand how your personal information will be treated as you use this Web Site. When you use this Web Site, you consent to the use of your personal information by Riverside in the manner specified in this Privacy Policy. This policy may change periodically, so please check back from time to time. For your information, the date of the last update to this Privacy Policy is stated at the top of this document.

Please note that Riverside's Web Site contains links to other sites, including links to web sites of Riverside's por­tfolio companies. Riverside is not responsible for the privacy practices, privacy statements, or content relating to these other sites.

A. WHAT INFORMATION WE COLLECT AND HOW WE USE THAT INFORMATION

Riverside does not collect any personally identifiable information from you (e.g., name, address, telephone number, e-mail address) unless you voluntarily choose to disclose such information. We will not sell, trade or rent your personally identifiable information to third parties. Your information may be used for research on usage patterns, online site customization and targeted marketing.

Investor Registration: If you are a current Riverside investor registering with Riverside is purely your own choice and is not a requirement for you to enjoy the many features offered by the Web Site. When you register with Riverside, you will receive a „User ID” and a secret password. Once you register with Riverside, Riverside will use your personally identifiable information to send you investor-oriented materials from time to time.

Press Release Subscription: When you register to automatically receive future press releases, we collect information about you, including your name, address, e-mail address, telephone number, fax number, the name of your company or media organization, and your title. Personally identifiable information collected during the press release registration process will be used by Riverside and a trusted third party to provide you with future press releases via e-mail.

Request Speaker Information: Personally identifiable information collected will be used by Riverside to provide you with information relating to Riverside executives who may be available to speak at upcoming business functions.

Cookies: Riverside from time to time may collect information about your use of the Web Site through the use of cookies. A „cookie” is a small data file stored by your web browser on your computer's hard drive. Cookies allow us to recognize who you are when you arrive at our Web Site. Information collected via cookies helps Riverside determine what areas of our Web Site are important to our users and to provide you with a more personalized experience. Riverside does not use cookies to identify individual users.

Aggregate Information: We may from time to time collect non-personal information about our customers, and aggregate this statistical information in order to improve our Web Site. When we say that we may share such information in „aggregate” form, we mean that we will not disclose individual names, addresses, telephone numbers and e-mail addresses unless we have your permission. External companies may be provided aggregate information about our customers.

Use of IP Addresses: An Internet Protocol („IP”) address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers automatically identify your computer by its IP address. When visitors request pages from the Web Site, our servers log the guests' IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a visitor's session will be logged, but the visitor remains anonymous to us. Riverside collects IP addresses for the purposes of system administration and to audit the use of this Web Site. We may also use IP addresses to collect statistical information for our marketing and promotional purposes.

Information from Children: Riverside does not direct its Web Site to children under thirteen (13) years of age. Individuals under eighteen (18) should consult with their parent or guardian about the use of this Web Site for their benefit.

Monitoring, Enforcement and Legal Requests:B Riverside has no obligation to monitor the Web Site or the use of the Web Site, or to retain the content of any user session. However, Riverside reserves the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity. We may use IP addresses to identify a user when we feel it is necessary to protect our service, Web Site, customers, or others.

Change of Ownership or Control: If Riverside becomes owned or controlled by other individuals or entities, the information we have collected may be transferred to such party or parties. In this case, such individuals or entities will follow this Privacy Policy.

Other Sites: Except as otherwise expressly discussed in this Privacy Policy, this policy only addresses Riverside's use and disclosure of information we collect from you. To the extent that you disclose personal information to other web sites, you are subject to the privacy customs and policies of these other web sites. We encourage you to ask questions before you disclose any personal information.

B. HOW WE PROTECT YOUR INFORMATION

Transmission Errors or Unauthorized Acts: Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Riverside cannot ensure or warrant the security of any information you transmit to us or any information provided by our on-line products or services, and you do so at your own risk. Riverside will not be liable for disclosures of your personal information due to errors in transmission or unauthorized acts of third parties. However, once we receive your transmission, we do our best to ensure its security on our systems by making reasonable efforts to protect the information.

Security: Any information provided to Riverside is treated with care and discretion. When information is shared, Riverside will take a proactive approach to ensure the information is kept private and not misused.

Passwords: If you register, your customer account and personal information is password protected. Riverside encrypts your password on its database. However, you are responsible for maintaining the confidentiality of your password. Therefore, we recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Also, remember to close your browser window when you have finished using our Web Site.

Encryption: When you submit personal information to Riverside, we may encrypt it. Encryption is the industry standard means to protect information as it passes over the Web to our server. We use care to protect this information against unauthorized access and modification once it is stored on our database.

C. YOUR CONTROL OF YOUR INFORMATION

Your Choice: Riverside respects your decisions about the collection and use of your information. You have the opportunity to elect to receive future press releases and investor-oriented materials from us. Based on this choice, you may receive information from Riverside or a trusted third party. Every communication we send to you will contain instructions on how to cancel receiving similar information in the future. By accessing and using this Web Site, you consent to the use of your personal information by Riverside in the manner specified in this Privacy Policy.

Update Information: If you have given Riverside information in the past and now wish to change such information, please contact us at cmc@riversidecompany.com, or by phone at (216)344–1180. Although Riverside will make reasonable efforts to make the changes you have requested, we may be unable to update other types of information provided to us, such as aggregate or cookie information, or information that has been stored in our system.

Delete Information: If at any time you wish to stop receiving information that we think you will find valuable, you can elect to do so by sending an e-mail to cmc@riversidecompany.com. You can also choose to delete your profile from our active database by either using the online system or by e-mailing us at the same address. Unfortunately, Riverside may not be able to delete other types of information, such as aggregate or stored information.

D. QUESTIONS ABOUT THE PRIVACY POLICY

Privacy and security is important to us all. We pursue a full-disclosure approach to responsibly care for the information you have entrusted with us, and we depend on information sharing as our principal means to best serve you. This is why we are committed to building a trusting relationship with you. We will continually monitor customer feedback and seek to improve our services to meet your needs. If you have any questions about this Privacy Policy, the practices of this Web Site, or your dealings with the Web Site, or would like to provide comments, you can send us an e-mail at cmc@riversidecompany.com, or contact us by phone at (216)344–1180.

2. DISCLAIMER OF LIABILITY

No data or statement herein is or should be construed to be an investment recommendation. Reliance on information provided on this Web Site is solely at your own risk. Opinions expressed by authors of articles do not necessarily agree with those held by Riverside, and Riverside disclaims any intent to make investment recommendations.

We provide our visitors with access to a wide collection of resources for general informational purposes only. These resources are provided on an „AS IS” basis, and Riverside assumes no responsibility for the timeliness, reliability, completeness, or accuracy of any information contained in these resources.

3. LEGAL NOTICES

Disclaimers: ALL INFORMATION, MATERIALS, SERVICES AND ADVICE CONTAINED ON OR PROVIDED THROUGH THE WEB SITE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, AND „COOKIES,” ARE PROVIDED ON AN AS-IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RIVERSIDE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

RIVERSIDE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION (INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED BY A THIRD PARTY), MATERIALS, AND SERVICES PROVIDED ON THIS WEB SITE ARE ACCURATE, RELIABLE, COMPLETE OR CURRENT.

Limitation of Liability: IN NO EVENT SHALL RIVERSIDE, NOR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT DAMAGES. IN NO EVENT SHALL RIVERSIDE, NOR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RIVERSIDE IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. IN NO EVENT IS RIVERSIDE LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.

PAYMENT BY RIVERSIDE OR RETENTION BY YOU OF DIRECT DAMAGES, AS LIMITED BY THE FOREGOING SENTENCES, IS YOUR SOLE AND EXCLUSIVE REMEDY IN EXHAUSTION OF ALL OTHER REMEDIES UNDER THESE TERMS OF USE, AT LAW OR IN EQUITY, AND SUCH REMEDY IS NOT DEEMED OR ALLEGED BY YOU TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT IS RIVERSIDE LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.

ANY CLAIMS AGAINST RIVERSIDE ARISING IN CONNECTION WITH YOUR USE OF THIS WEB SITE OR ANY SERVICE, PRODUCT OR INFORMATION OFFERED OR PURCHASED THROUGH THIS WEB SITE MUST BE BROUGHT AGAINST RIVERSIDE WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

WHEN USING THE WEB SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH MAY BE BEYOND THE CONTROL AND JURISDICTION OF RIVERSIDE AND ITS SUPPLIERS. ACCORDINGLY, RIVERSIDE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEB SITE.

Certain Jurisdictions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction. You may also have other legal rights that vary from state to state.

4. INTELLECTUAL PROPERTY

Copyrights: All of the content included on this Web Site, including text, art, graphics, logos, button icons, images, pictures, audio clips and software („Content”), is the property of Riverside, its members, partners or content providers, and is protected by U.S. and international copyright laws. Except as granted in the limited license below, you may not modify, reproduce, prepare derivative works, distribute, post or transmit any Content without the express prior written consent of Riverside. Our Copyright Agent for notice of claims of copyright infringement on this Web Site is Christine Croissant, our Director of Communications, at cmc@riversidecompany.com, or by phone at (216)344–1180.

Trademarks: All trademarks, trade names, logos, brand names and service marks („Marks”) of Riverside, whether registered or unregistered, are the property of Riverside and are protected by U.S. and international trademark laws. All other Marks appearing on this Web Site are the property of their respective owners. Except as granted in the limited license below, nothing contained on the Web Site should be construed as granting any license or right to use any Mark displayed on this Web Site without the express written permission of Riverside or such third-party that may own the Mark.

Patents: All patents and patent applications of Riverside are the property of Riverside and are protected by U.S. and international patent laws. Any use of these patented or patentable assets is prohibited without the express prior written consent of Riverside.

Limited License: As a user of the Web Site, you may download the Content, Marks and other materials (collectively the „Materials”) on this Web Site solely for your personal, non-commercial use. This Web Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Riverside.

Infringements: If you think that any of the information posted to this Web Site infringes a copyright, trademark, patent or other right of another party, please contact Christine Croissant, our Director of Communications, at cmc@riversidecompany.com, or by phone at (216)344–1180.

5. RESTRICTIONS, PASSWORDS AND TERMINATION

Restrictions on Use: You may not (i) use the Web Site in order to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Web Site; (ii) modify, erase or damage any information contained on the computer of any user connected to the Web Site; (iii) reverse engineer any portion of the Riverside Web Site; or (iv) use the Web Site or Materials in any manner that is inconsistent with the limited license granted herein.

| Top of page |