BEFORE USING ANY WEB PAGES OR INFORMATION CONTAINED HEREIN OR LINKED HERETO, YOU SHOULD CAREFULLY READ THE FOLLOWING IMPORTANT TERMS AND CONDITIONS, INCLUDING DISCLAIMERS.

The following terms and conditions (“Terms and Conditions”) govern your use of the World Wide Web Site located at portal.blackwatercapital.org  (this “Website”). This Website is intended for authorized users only. By accessing, viewing, or using the content, material, or services available on or through this Website, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions or you are not an authorized user, you are not granted permission to use this Website and must exit immediately.

These Terms and Conditions may be changed at any time. It is the obligation of users visiting the Website to review the Terms and Conditions for any changes since their last visit. This Website has been prepared solely for the purpose of providing information from and conducting transactions with Blackwater Capital Group LLC in order to provide account information, make payments and collect debts. Without limiting the generality of anything else, Blackwater Capital Group LLC makes no commitment, and disclaims any duty, to update this Website or any of the information obtained through this Website, and it shall not be responsible for any errors or omissions in the Website. Blackwater Capital Group LLC reserves the right to add, modify or delete any information on this Website at any time, with or without notice.

Any information, services, or materials offered by or through this Website shall not be construed as or understood to be financial, investment, legal, tax or accounting advice of any kind and should not be relied upon as such.

Proprietary Information

Permission is granted to download and print materials from this Website only for the purpose of viewing, reading, and retaining for reference the materials for personal, non-commercial purposes. Any other copying, distribution, or modification of or preparation of derivative works based upon, or any framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, this Website or any materials on this site, whether in electronic or hard copy form, without the express prior written permission Blackwater Capital Group LLC is strictly prohibited. Removing or altering any copyright notice or any other proprietary notice on any Website materials is strictly prohibited.

All names, trademarks, service marks, symbols, slogans, or logos (the “Marks”) appearing on the Website are proprietary to Blackwater Capital Group LLC or its affiliates. Use or misuse of these trademarks without advance written consent from Blackwater Capital Group LLC is expressly prohibited and may violate federal and state trademark law. Marks may not be used without Blackwater Capital Group LLC’s prior written consent and may not be used in connection with any product or service that is not the property of Blackwater Capital Group LLC in any manner that is likely to cause confusion among customers as to source or sponsorship, or in any manner that disparages, tarnishes, dilutes, or discredits Blackwater Capital Group LLC.

All information you submit to Blackwater Capital Group LLC via the Website may be considered to be the property of Blackwater Capital Group LLC, and Blackwater Capital Group LLC is free to utilize any information you submit for the purpose of debt collection. Blackwater Capital Group LLC grants you a non-exclusive, non-transferable, limited license to access, use and display the Website and the information, graphics, content and materials thereon (“Content”) and any software that may be necessary to use the Website.

DISCLAIMERS OF WARRANTY AND LIABILITY: BLACKWATER CAPITAL GROUP LLC IS NOT RESPONSIBLE FOR ANY INACCURACIES, ERRORS (INCLUDING TYPOGRAPHICAL ERRORS) OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE OR THE CONTENT. THIS WEBSITE, THE CONTENT, LINKS AND ANY OF THE SERVICES MADE AVAILABLE THROUGH THIS WEBSITE ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE.” USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. BLACKWATER CAPITAL GROUP LLC MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ACCURACY, COMPLETENESS, NON-INTERFERENCE, NON-INTERRUPTION OF USE, QUALITY, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

BLACKWATER CAPITAL GROUP LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS WEBSITE, THE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS WEBSITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BLACKWATER CAPITAL GROUP LLC TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS WEBSITE, THE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS WEBSITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU FOR USE OF THIS WEBSITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BLACKWATER CAPITAL GROUP LLC’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend indemnify, and hold harmless Blackwater Capital Group LLC and all of its respective owners, directors, officers, employees, representatives, proprietors, partners, shareholders, clients, contractors, consultants, principles, agents, predecessors, successors, affiliates, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from this Website, and the materials and information contained therein, your use of the Website, your transmission of any email to the Website (including the content of any such emails), your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.

Use of the Internet and Third-Party Materials

Without limiting the generality of the foregoing, other sites that may be listed or linked in this Website are not under the control of Blackwater Capital Group LLC. Accordingly Blackwater Capital Group LLC can make no representation concerning the content of these sites to you, nor can the fact that Blackwater Capital Group LLC has given you this listing serve as an endorsement by Blackwater Capital Group LLC of any of these sites. Blackwater Capital Group LLC is providing links to these sites as a convenience to you. Blackwater Capital Group LLC has not tested any software that may be found on these sites and therefore cannot make any representations regarding the quality, safety or suitability of any software found there. There are inherent dangers in the use of any software found on the Internet, and Blackwater Capital Group LLC cautions you to make sure that you completely understand the risk before retrieving any software on the Internet. Blackwater Capital Group LLC is not responsible for any content, information, products, services, or software offered by any other party or at any other web site. Blackwater Capital Group LLC does not control, endorse, promote, or have any affiliation with any other website unless expressly stated herein.

Privacy Statement

Blackwater Capital Group LLC has a Privacy Notice setting forth Blackwater Capital Group LLC’s online information gathering and dissemination practices with respect to the Website. Click on the link at the bottom of this screen entitled “Privacy Policy” which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.

Governing Law and Jurisdiction

These Terms and Conditions, including, without limitation, the Privacy Notice, represent the entire agreement between you and Blackwater Capital Group LLC with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. By accessing, viewing, or using the works, content, or materials on this Website, you consent to the exclusive jurisdiction of the federal and state courts presiding in Erie County, New York, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

The Website is not intended for distribution to, or use by, any person or entity, or any jurisdiction or country where such distribution or use would be contrary to local law or regulation, would subject Blackwater Capital Group LLC to any liability or would not give effect to all of the provisions in this Agreement. You may not access the Website or the content in such jurisdiction or country, or where such access is illegal or prohibited or where such access would subject Blackwater Capital Group LLC or its affiliates to any liability. Those who choose to access this Website from such locations do so of their own volition and are responsible for compliance with applicable laws.

Malicious and Illegal Activites Prohibited

It is prohibited to use the Website in violation of the terms herein, in any manner which could damage, disable, interrupt, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or for any illegal activities. Illegal activities include, but are not limited to, tampering with information data bases and software, unauthorized entry to other networks or computers, trafficking in illegal products or substances, violating civil rights laws or knowledgeable vandalism or destruction of online files or any other malicious or tortious activity. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website including U.S. export laws and regulations, which regulate the distribution of materials and services originating in the United States.

General

The waiver or failure of Blackwater Capital Group LLC to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of the other rights established under these Terms and Conditions. All rights and remedies given to Blackwater Capital Group LLC in these Terms and Conditions are cumulative and not exclusive of any other rights or remedies which Blackwater Capital Group LLC otherwise has at law or in equity. Any rights not otherwise expressly granted by these Terms and Conditions are reserved by Blackwater Capital Group LLC. Captions are for convenience only. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Blackwater Capital Group LLC reserves the right to terminate your access to this Website in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.