Terms of use
Effective July 1, 2021
By accessing this website and any materials presented herein (the “Site”) via any media or electronic device, including Internet, telephone and wireless devices, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by the following terms, conditions and disclosures pertaining to the use of the Site (these “Terms of Use”). If you do not wish to be bound by these Terms of Use, you must not access or use this Site. ECKUITY LLC (collectively with its affiliates1 and the funds and accounts sponsored or managed by them, “ECKUITY,” “we,” “us,” or “our”) reserves the right to change these Terms of Use at any time, as further described below.
1. Important Disclosures
This Site has been designed for informational purposes only. Under no circumstances should any information presented herein be used or construed as an offer or a solicitation of an offer, or other form of invitation or inducement, to sell or buy any security or other investments, or to provide advice regarding investments or a recommendation to purchase, sell or hold any security or other investment, or to pursue any investment style or strategy. Any such offer can only be made where lawful under and in accordance with applicable law. There can be no assurance that any particular strategy or investment will prove profitable, and the information contained on this Site should not be interpreted to provide a guarantee of future performance. Investment strategies may be added, removed or adjusted, and/or the investment approach may be changed, at any time in ECKUITY’s sole discretion and without any notice. There can be no guarantee that any strategy or approach employed by ECKUITY will achieve its investment objective or avoid losses. There can be no guarantee that ECKUITY’s risk management framework will prevent losses from occurring. ECKUITY does not make any representations as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to the Site or incorporated herein, and takes no responsibility therefore.
The information provided through this Site is for personal, non-commercial use and display. ECKUITY does not intend to provide investment advice through this Site and does not represent that any securities or investment vehicles discussed on the Site are suitable for any investor. Investors are advised not to rely on any information contained in this Site in the process of making an investment decision. ECKUITY does not and this Site does not intend to render tax or legal advice. ECKUITY does not give any advice or make any representations as to whether any investment, investment strategy or investment style is suitable for you or will be profitable.
The material on this Site does not constitute an offer to sell, or the solicitation of an offer to buy, advisory services, any securities or any interests in investment funds managed by ECKUITY or any of its affiliates. Offerings of securities or fund interests are made only by a prospectus or private offering memorandum by persons who are authorized to do so. Except as otherwise indicated in these Terms of Use, our Privacy Policy or elsewhere on this Site: (a) the Site is not intended for use by, or to provide any information to, investors or other individuals outside of the United States, including any individuals in the European Union, and such investors and other individuals should not rely on any information or material appearing on the Site; and (b) although the content presented on this Site may be translated into languages other than English, it remains targeted to U.S. investors and has not been reviewed for conformity with the laws of any other country, and ECKUITY makes no representations or warranties that such content is applicable or appropriate for use in locations outside of the United States. ECKUITY reserves the right to require proof of residence from any user accessing the Site and requesting information from ECKUITY via e-mail. Investors outside of the United States may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Site. U.S. investors should be advised that not all investments discussed on this Site may be available in all states.
ECKUITY grants you a limited right to use the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site. You may not violate or attempt to violate the security of the Site.
News, views, opinions, recommendations and other information presented on the Site but obtained from sources outside of ECKUITY are believed to be reliable, but we cannot guarantee the accuracy or completeness of such information. Further, ECKUITY reserves the right to change or amend the information provided on the Site at any time and without prior notice.
There is no assurance that any securities discussed herein are, or will remain, in an ECKUITY-managed portfolio. Any such securities do not represent an entire fund or portfolio and it should not be assumed that they were or will be profitable, or that the investment recommendations or decisions ECKUITY makes in the future will be profitable or will equal the investment performance of such securities. Past performance is not indicative of future results.
All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses and any copyright or proprietary notices, including those contained in these Terms of Use. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
2. No Warranty
ECKUITY disclaims all warranties with respect to the Site that the law allows it to disclaim. The Site is provided “as is” and “as available.” We disclaim all representations and warranties, express or implied, of any kind with respect to the Site, including warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property and proprietary rights. Without limiting our general disclaimer, we do not warrant the availability, accuracy, completeness, security, timeliness, functionality, reliability, sequencing or speed of delivery of the Site or any part of the content, including with regard to financial results, based on the use of the information in or other uses of the Site. The use of the Site is at your own risk.
3. Limitation of Liability; Indemnification
ECKUITY’s liability with respect to the Site is limited to the maximum extent permitted by law. In no event will we, or our members, directors, officers, employees, contractors, agents, advisers or consultants be liable for any indirect, incidental, special, punitive, or consequential damages, however caused, arising out of these Terms of Use, the Site, or the inability to use the Site. Our liability is limited even if we have been advised of the possibility of the damages that you suffer or if any remedy you have is inadequate. This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, Virus (as defined below), communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
To the greatest extent permitted by law, you agree to indemnify, defend and hold harmless ECKUITY and its agents, employees and third-party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: (a) your use of the Site and any information or data you submit or transmit through the Site; (b) your breach of these Terms of Use or any representation, warranty or covenant made by you in these Terms of Use; (c) your violation of any applicable law, statute, ordinance, regulation or of any third-party’s rights; or (d) any claims asserted by third-parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms of Use.
4. Your Responsibilities
You are solely responsible for the security of your computer system, including, using and maintaining appropriate anti-virus, firewall and backup software. ECKUITY disclaims any responsibility or liability for any problem with your computer systems, including any Virus that your computer systems receive as a result of your use of the Site. As used herein, “Virus” means: (a) program code or programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise adversely affect or without authorization access or delete computer programs, data files or operations; or (b) other code typically described as a virus or by similar terms, including a Trojan horse, worm or backdoor.
You may not interfere with or disrupt the Site, or servers or networks connected to the Site, interfere with or disrupt or inhibit others’ use of the Site, including through the upload or other transmission of any Viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair, or limit the functioning of any software, hardware, network, server, or communications systems or equipment or use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site. Further, you may not (a) use any ECKUITY domain name as a pseudonymous return email address; (b) disable, bypass, modify, defeat, or otherwise circumvent any security-related tools incorporated into the Site; (c) change, modify, adapt, or otherwise alter the site, or change, modify, or alter another website so as to falsely imply that it is associated with this site; (d) inject content or code, or otherwise alter or interfere with the way any page from the site is rendered or displayed in another user’s browser or device; (e) reproduce, duplicate, copy, sell, or exploit for any commercial purposes, any portion of the Site or access to the Site; (f) systematically (including manually) collect, scrape, or use any content from the Site, including through the use of any data mining, or similar data gathering and extraction methods; (g) use any high volume, automated, or electronic means to access the services (including without limitation robots, spiders, or scripts); (h) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (i) assist, encourage, or enable violations of these Terms of Use; or (j) attempt to do any of the foregoing. You may not disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
You agree not to use of the Site or access to the Site for any purposes other than for which the Site are being provided to you.
5. Security Measures
We take measures, which are at least as strict as the law requires, to safeguard your Personal Information (as defined in our Privacy Policy), but we cannot guarantee its absolute security. Please use caution any time you provide information over the internet.
6. Links to Third-Party Websites
Hyperlinks to other Internet sites may be included at times on this Site as a convenience to the user. ECKUITY is not responsible for information on any third-party web site, or the security of any such web site, that is referred in, accessible, or connected by hyperlink to, the Site. Hyperlinks to or from the Site do not constitute, and should not be viewed to reflect, a third-party endorsement of, sponsorship by, or affiliation with us. We will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of such information, software, or links, nor for the acts or omissions of any such websites or their respective operators. If you access any third-party web site through the Site or otherwise, you do so at your own risk.
7. Minors
This Site is not intended for persons under age 18. By using this Site, you warrant to ECKUITY that you are age 18 or over.
8. Unlawful or Prohibited Use and Monitoring
As a condition of your use of this Site, you warrant to ECKUITY that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. You will be responsible for any liability to ECKUITY that arises out of your breach of these Terms of Use or your use of the Site.
ECKUITY has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate. We may monitor and record activity on the Site for any reason or for no reason and we may use Personal Information for any of the purposes specified in that Policy. We may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials, or other persons or entities that we deem appropriate. We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site, or take any other action that we deem appropriate.
9. Copyrights and Trademarks
The Site is owned by ECKUITY and the contents and structure of the Site are copyright protected. No information or data content contained on this Site, including any text (whether in full or in part), pictures or graphics, may be reproduced, transmitted, displayed, distributed, published or otherwise commercially exploited without the prior written consent of ECKUITY.
The ECKUITY logo is a common-law trademark of ECKUITY. Product and company names mentioned herein may be the trademarks of their respective owners, and any commercial use or distribution, publishing or exploitation of such products, company names or trademarks is strictly prohibited unless you have received the prior written consent of the applicable rights holder. In the course of reproduction of any materials from the Site, whether lawful or otherwise, you may not remove any copyright, trademark, or other proprietary notice or legend contained on (or reproduced from) the Site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
You agree not to link directly to any image, graphic, text or other content on the Site, such as using an “in-line” linking method to cause the content to be displayed on another web site, or to download or use images hosted on this Site for any purpose, including posting such images on another web site, unless in each case you have received the prior written consent of ECKUITY. ECKUITY may require that any link to the Site be discontinued, and/or revoke your right and ability to link to the Site from any web site at any time.
10. Electronic Communication
This Site permits you to communicate electronically by sending an e-mail message to ECKUITY and its employees or submitting a webform. ECKUITY shall not be liable for any actions taken or any omissions to act as a result of any e-mail message you send to ECKUITY or its employees.
11. General
Any dispute regarding these Terms of Use shall be governed by the laws of the State of New York, United States. You hereby consent to the exclusive jurisdiction and venue of the courts in New York, New York, in all disputes arising out of or relating to the use of this Site.
We reserve the right, in our sole discretion, to change these Terms of Use at any time without notice. Any changes are effective immediately upon posting to the Site. The date these Terms of Use were last revised is identified at the top of the page. You are responsible for visiting this page to check for any changes. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms of Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Use.
Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. These Terms of Use do not amend any other written agreement you may have executed (or may in the future execute) with us, unless the other written agreement specifically refers to these Terms of Use. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole but these Terms of Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
12. Contact Information
If you have any questions relating to, or to report any violation of, these Terms of Use, please contact us at info@eckuity.com
Endnotes
As used herein, “affiliate” means an entity that controls, is controlled by, or is under common control with another entity.
