TERMS AND CONDITIONS OF USE
By accessing or using this website (this “Site”) you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement (“User Agreement”).
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN-CURRENT FORM. IF YOU DO NOT ACCEPT THIS USER AGREEMENT, DO NOT USE THIS SITE.
- No Offer of Securities
You acknowledge that the Information and Materials (as defined below) contained on this Site are not and should not be construed as legal, tax, accounting or investment advice (including any advice concerning the suitability or profitability of any security or investment). Under no circumstances should this Site or any Information and Materials be used or considered as an offer to subscribe or a solicitation to invest in any investment fund
- Confidentiality; Restrictions on Use and Disclosure of Information and Materials; Intellectual Property
Unless expressly noted to the contrary, all information and materials, including, without limitation, text, articles, documents, data, images, screens, web pages, icons, photos, video clips and other materials, (collectively, “Information and Materials”) on this Site belong exclusively to the Site. The Information and Materials on this Site are confidential, non-public and proprietary. No Information and Materials from this Site may be copied, modified, distributed, downloaded, sold, transmitted, licensed, published, reposted, reproduced, reused, used to create a derivative work from or used for a commercial or public purpose, without, in each case, the Site Owner’s express written consent.
You may not use this Site to transmit, distribute or store material (a) in violation of any applicable law or regulation, (b) in a manner that shall infringe the copyright, trademark, trade secret or other intellectual property right of another or violate the privacy, publicity or other personal right of another, or (c) that is defamatory, obscene, threatening, abusive or hateful. You are prohibited from violating or attempting to violate the security of this Site.
- Limited Access to Site
By accessing this Site, you promise that you are the person issued the logon ID and password by and through the Site, and that you shall not provide to any other person or entity, directly or indirectly, through any medium, either your username or password, or any Information and Materials contained in this Site in whole or in part. You are solely responsible for maintaining the confidentiality and security of your password. The Site reserves the right to limit access to this Site to any person, geographic region or jurisdiction.
- Termination and Disclosure of Information
The Site’s officers, directors, principals, equity owners, affiliates, agents and employees (collectively, “we”, “our”, or “us”) have the right, but not the obligation, to monitor any activity and content associated with this Site. We may investigate any complaint or reported violation of this User Agreement or its policies and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating your use of all or any portion of this Site and denying you access to all or any portion of this Site. We also reserve the right to report any activity that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators or other persons or entities.
- Distribution
This Site and any Information and Materials in or accessible through this Site are not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject the Site to any registration or licensing requirement. Those who choose to access this Site do so on their own initiative and are responsible for establishing the legality, usability and correctness of any Information and Materials under any or all jurisdictions and the compliance of that Information and Materials with local laws, if and to the extent local laws are applicable.
- Modifications
The terms of this User Agreement or any other terms and conditions governing this Site may be modified, at any time, by posting the modified User Agreement on this Site, without notice to you. The modifications shall be effective upon such posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications). You agree to review this User Agreement periodically so that you are aware of any modifications. Your use of this Site indicates your full acceptance of this User Agreement in its then current form each time you use this Site. You agree that the notice provisions provided in this User Agreement are reasonable. You may not modify the terms of this User Agreement or any other terms or conditions governing this Site without express prior written consent from an email affiliated with this domain.
- No Warranty
THIS SITE AND ALL INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THIS SITE. THE SITE AND SITE OWNER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS.
- Limitation of Liability
IN NO EVENT SHALL THE SITE’S OFFICERS, DIRECTORS, PRINCIPALS, EQUITY OWNERS, AFFILIATES, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LOSSES, DEMANDS, LIABILITIES, COSTS, EXPENSES OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF, OR IN ANY WAY DIRECTLY OR INDIRECTLY CONNECTED WITH THIS SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE.
- Indemnification
You agree to indemnify, defend and hold harmless the officers, directors, principals, equity owners, affiliates, agents and employees of this Site from and against any and all suits, claims, damages, losses, demands, liabilities, costs and expenses (including, without limitation, judgments, fines and amounts paid or to be paid in settlement and reasonable attorneys’ and other professional fees) arising out of or relating to (a) your use of this Site; (b) your actual or alleged breach of this User Agreement or any representation, warranty, or covenant made by you in this User Agreement; (c) your violation of any applicable law, statute, ordinance or regulation; or (d) claims asserted by third parties which, if proven, would place you in breach of the representations, warranties, covenants or other provisions in this User Agreement.
- Submissions
We do not wish to receive any confidential or proprietary ideas, suggestions, or information through this Site. You agree that all unsolicited comments, feedback, ideas, suggestions and other subject matter disclosed or submitted us through this Site shall become and remain the exclusive property of us.
- Entire Agreement
This User Agreement, as modified from time to time, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the subject matter hereof.
- Linking to Other Web Sites and Services
We do not review or monitor any websites linked from or to this Site and your following links from or to such websites is at your sole risk. Accordingly, we cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor shall we be liable in any respect whatsoever for any damages arising from or relating to your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of this Site and the inclusion of these links does not imply an endorsement, representation or warranty by us with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites.
- Governing Law and Consent to Jurisdiction
This User Agreement and all matters arising out of or relating to this User Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to the principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction.
By accessing this Site, you agree and acknowledge that you expressly consent to receiving the Information and Materials offered or shown on this Site.
- Email Disclosure Text
The information contained in this communication is provided on an “as is” basis for general informational purposes only and does not constitute, and should not be construed as, legal, investment, accounting, or other professional advice. No representations or warranties, express or implied, are made as to the accuracy, completeness, reliability, or suitability of the information provided. The sender and any affiliated parties expressly disclaim all liability in respect of any actions taken or not taken based on the contents of this communication. Recipients should consult their own professional advisors before making any decisions based on the information herein.
