THESE TERMS OF USE (“TERMS OF USE”) GOVERN YOUR USE OF THE WEB SITE LOCATED AT HTTP://HONDIUSCAPITAL.COM/ (THE “SITE”) AND ALL CONTENT AND SERVICES AVAILABLE VIA THE SITE.
Acceptance of Terms of Use. This Agreement (as defined below) states the terms and conditions under which you may use the Site and all Content (as defined below) and services available therein (the “Services”). Please read this Agreement carefully. The Site contains various information in the form of data, text, graphics, news, reports and other materials relating to Hondius Capital Management, LP (“Hondius”, “we”, “us” or “our”) as well as third party content, (collectively, the “Content”). By accessing, browsing and/or using the Site and/or the Services you acknowledge that you have read, understood and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND THE SERVICES. We reserve the right to amend this Agreement at any time and from time to time. If you use the Site and/or the Services after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.
Use Restrictions. You are expressly prohibited from (i) using any robot, spider, other automatic device, or manual process to monitor, “mine” or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, and (iii) taking any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Intellectual Property Rights in the Site. You acknowledge that the Site, Services and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Hondius or Hondius’ licensors. You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
All trademarks, logos and services marks displayed on the Site and the Services, if any, are trademarks belonging to us, our affiliated entities, our licensors, or other applicable parties (collectively the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to our benefit, our affiliated entities, or our licensors, as the case may be.
Linking and Framing. We prohibit the use of any links to the Site from any other web sites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of the Site with any other web site. The Site may periodically provide links to third party web sites. This Agreement governs only the Site and not any such third-party web sites. Our decision to link to a third-party web site is not an endorsement of the content or services in that linked third party web site. If you decide to access linked third-party web sites, you do so at your own risk. You should direct any concerns regarding any third-party web sites to the administrator of the applicable third-party web site.
No Responsibility for Connectivity. You are responsible for the means you use to access the Site and the Services and all costs associated therewith. We are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
Disclaimer of Warranty. THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
THE SITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE SITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
No Offers or Reliance. No material available through the Site shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of any of our affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law. We are not utilizing the Site to provide investment or other advice, and no information or material available through the Site is to be relied upon for the purpose of making or communicating investment or other decisions. We do not advise on the tax consequences of any investment.
To the extent that past performance is available through the Site, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by Hondius), will be profitable or equal any historical performance level(s). Other events which were not taken into account may occur, and any projections, outlooks or assumptions should not be construed to be indicative of the actual events which will occur.
No Inside Information; No Guaranteed Results. Hondius obtains information from a wide variety of publicly available sources. Hondius does not have, nor does it claim to have, sources of inside or private information. The recommendations developed by Hondius in connection with its services are based upon the professional judgment of Hondius and Hondius cannot and does not guarantee the results of any recommendations.
Forward-Looking Statements. The Site contains certain “forward-looking statements,” which may be identified by the use of such words as “believe,” “expect,” “anticipate,” “should,” “planned,” “estimated,” “potential” and other similar terms. Examples of forward-looking statements include, but are not limited to, estimates with respect to financial condition, results of operations, and the success or lack of success of Hondius’ investment process or strategy. All are subject to various factors, including, but not limited to general and local economic conditions, changing levels of competition within certain industries and markets, changes in interest rates, changes in legislation or regulation, and other economic, competitive, governmental, regulatory and technological factors affecting Hondius’ operations that could cause actual results to differ materially from projected results.
Limitation of Liability. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) NONE OF HONDIUS ITS AFFILIATED ENTITITES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “HONDIUS PARTIES”) SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE SERVICES OR THE CONTENT, EVEN IF SUCH HONDIUS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
YOU ASSUME ALL RISKS OF LOSS RESULTING, DIRECTLY OR INDIRECTLY, FROM THE USE OF THE INFORMATION CONTAINED ON THE SITE. BY USING THE SITE YOU ACKNOWLEDGE AND AGREE TO HOLD HARMLESS THE HONDIUS PARTIES FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF NEGLIGENCE, ARISING OUT OF, RESULTING FROM, BY REASON OF, OR IN CONNECTION WITH THE USE OF THE INFORMATION CONTAINED ON THE SITE.
Indemnification. You shall indemnify and hold harmless the Hondius Parties for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site and/or the Services, or any violation of this Agreement.
Privacy. Our policies with respect to the collection and use of information collected through the Site can be found in our Privacy Policy, which is hereby incorporated by reference in its entirety and made a part of this Agreement.
Termination. We reserve the right, in our sole and absolute discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site and/or the Services at any time without prior notice or liability.
Electronic Communications and Contracting. By assenting to this Agreement, you agree that a printed version of this Agreement and all other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Compliance with Applicable Laws. The Site and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Miscellaneous. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: Intellectual Property Rights in the Site, Disclaimers and Limitation of Liability, Indemnification and Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, except with regard to its conflicts or choice of law rules. You expressly agree (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in New York, as applicable; and (ii) that the Site shall be deemed passive that does not give rise to personal jurisdiction over Hondius, either specific or general, in jurisdictions other than New York. This Agreement contains the entire agreement between Hondius and you concerning the Site and supersedes all existing agreements and all other oral, written or other communication between Hondius and you concerning the Site. You shall comply with all laws, rules and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you shall comply with such restrictions and not export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by us.