TERMS OF SERVICE

These terms of service (“Terms”) govern your use of www.highmountainmt.com (the “Website”), which are provided by High Mountain Ag (the “Company”). By accessing the Website, you are indicating your acknowledgment and acceptance of these Terms. These Terms are subject to change by the Company at any time in our discretion. Your use of the Website after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly.

Access to the Website

You must be twenty-one (21) years or older to access the Website. If you are under twenty-one years of age, you are not permitted to access the Website for any reason.

To access the Website or some of the resources they have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website will be correct, current, and complete. If the Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to the Website or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions on use

You may use the Website for purposes expressly permitted by the Website. You may not use the Website for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Website, or (ii) frame the Website, or (iii) hyperlink to the Website, without the express prior written permission of an authorized representative of the Company. For purposes of these Terms, “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 the Website or Content (as defined below) accessible within the Website. You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

Proprietary information

The material and Content (hereinafter referred to as the “Content”) accessible from the Website, and any other world wide web site owned, operated, licensed, or controlled by the Company is the proprietary information of the Company or the party that provided the Content to the Company, and the Company or the party that provided the Content to the Company 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 the Company, or unless authorized in writing elsewhere on our site, 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 violates the Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Website.

Hyperlinks

The Website may be hyperlinked to other sites which are not maintained by, or related to, the Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Website or the Company. The Company has not reviewed any or all of such sites and is not responsible for the Content of those sites. Hyperlinks are to be accessed at the user’s own risk, and the Company makes no representations or warranties about the Content, completeness or accuracy of these hyperlinks or the sites hyperlinked to the Website. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by the Company of that site.

Submissions

You hereby grant to the Company 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 the Company through the Website (together, hereinafter known as the “submission”), and to incorporate any submission in other works in any form, media, or technology now known or later developed. The Company 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 Company operations.

The Company will treat any personal information that you submit through the Website in accordance with its privacy policy as set forth on the Website.

Disclaimer

You understand that the Company 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 the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by the Company. 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 the Website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

Your use of the Website is at your own risk. The Content is provided “as is” and without warranties of any kind, either expressed or implied. The Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The Company does not warrant that the functions or Content contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. The Company 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 the Company may make changes or improvements at any time. You, and not the Company, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of the Website or its Content. The Company 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.

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

Limitation on liability

The Company, 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 the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its subsidiaries, affiliates, licensors, service providers, Content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to the Company for the applicable Content, product or service out of which liability arose.

Indemnity

You will indemnify and hold the Company, its subsidiaries, affiliates, licensors, Content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “indemnified parties”) harmless from any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms. 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 the Website.

Trademarks

Trademarks, service marks, and logos appearing in the Website are the property of the Company or the party that provided the trademarks, service marks, and logos to the Company. The Company and any party that provided trademarks, service marks, and logos to the Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in the Website.

Information you provide

You do not have the right to post, including proprietary material of any third party. You may not post, send, submit, publish, or transmit in connection with the Website any material that: advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to the Website; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Website; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website; includes mp3 format files; amounts to a ‘pyramid’ or similar scheme; disobeys any policy or regulations established from time to time regarding use of the Website or any networks connected to the Website; or contains hyperlinks to other sites that contain Content that falls within the descriptions set forth above.

Although under no obligation to do so, the Company reserves the right to monitor use of the Website to determine compliance with these Terms, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the Content of your submissions. You acknowledge and agree that neither the Company nor any third party that provides Content to the Company will assume or have any liability for any action or inaction by the Company or such third party with respect to any submission.

Security

Any passwords used for the Website are for individual use only. You will be responsible for the security of your password (if any). The Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that the Company considers insecure, the Company 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 the Website 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, the Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. The Company reserves the right to investigate suspected violations of these Terms.

The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company 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.

By accepting this agreement, you waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

Miscellaneous

These terms of use will be governed and interpreted pursuant to the laws of Montana, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Montana in connection with any dispute between you and the Company arising out of these terms of use or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state and federal courts in Billings, Montana. If any part of these Terms 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 constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on the Website will govern the items to which they pertain. The Company may revise these Terms at any time by updating this posting.

Last updated: April 15, 2022