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Coar Hill Asset Management Parnters LP and its affiliates (“Adviser”)is utilizing a third-party platform and website for this purpose. References tothis third-party site or information or Content provided by third parties, areprovided solely as a convenience to you and do not in any way constitute orimply our endorsement, sponsorship or recommendation of the third party, itsinformation, materials or services. We are not responsible for the practices orpolicies of such third parties and do not make any representations regardingthird party materials or services.
By accessing or using this third-party Site (“the Site” “Site”), youhereby accept and agree to comply with these Terms and Conditions of Use. Youacknowledge your understanding that these Terms and Conditions of Useconstitute a binding agreement between you and Adviser that governs your accessand use of the information provided on this Site, which includes any images,text, illustrations, designs, icons, photographs, programs, clips, downloads,systems and methods of trading, video clips, graphics, user interfaces, visualinterfaces, information, data, tools, products, written materials, services andother content (together, "Content"), including but not limited to thedesign, structure, selection, coordination, expression and arrangement of theContent available on or through the Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USINGTHE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCEOF AND AGREEMENT TO ABIDE THESE TERMS AND CONDITIONS IN CURRENT FORM. IF YOU DONOT ACCEPT THE TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE SITE. IF YOUDO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU AGREE THAT YOUR SOLE ANDEXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE AND ALL OTHERAGREEMENTS IS A CONDITION TO YOUR RIGHT TO ACCESS THE SITE. YOUR BREACH OF ANYPROVISION OF THESE TERMS AND CONDITIONS OF USE OR OTHER AGREEMENTS WILLAUTOMATICALLY, WITHOUT THE REQUIREMENT OF NOTICE OR OTHER ACTION, REVOKE ANDTERMINATE YOUR RIGHT TO ACCESS THE SITE AND YOU WILL BE FULLY LIABLE FORCONVERSION, MISAPPROPRIATION, TRESPASS TO CHATTELS AND ALL OTHER CLAIMS ANDCAUSES, REGARDLESS OF THE IDENTITY OF CLAIMANT OR INJURED PARTY, ARISING FROMOR RELATING TO YOUR CONTINUED USE OF THE SITE AFTER SUCH BREACH.
Adviser grants you a limited right to use the Site. Your right touse the Site is subject to your agreement to abide by these Terms andConditions of Use in their entirety, as well as any other rules, procedures,policies, terms or conditions that govern all or any portion of the Site. At anytime and for any reason Adviser may revoke your right to use all or any portionof the Site.
Adviser reserves the right to make changes to the Site and theseTerms and Conditions of Use at any time without prior notice to you. For thisreason, each time you use the Site, you should visit and review thethen-current Terms and Conditions of Use that apply to your use of the Site.
You may download or copy Content only to the extent such download isexpressly permitted on the Site. No right, title or interest in any downloadedmaterials or software is transferred to you as a result of any such downloadingor copying. You may not reproduce, publish, transmit, distribute, display,modify, create derivative works from, sell or participate in any sale of orexploit in any way, in whole or in part, any of the Content on the Site.
Unless otherwise noted, all Contents are copyrights, trademarks,trade names, trade dress and/or other intellectual property owned, controlledor licensed by Adviser or by third parties who have licensed their materials toAdviser and are protected by U.S. and international copyright laws. Thecompilation of all Contents on the Site is the exclusive property of Adviserand is also protected by U.S. and international copyright laws.
The information on this website is provided for informationalpurposes only. No Content or other material on the Site shall be used orconsidered as an offer to sell or a solicitation of any offer to buy the securitiesor services of Adviser or any other issuer. Offers can only be made wherelawful under, and in compliance with, applicable law.
Adviser makes no representations that transactions, products orservices discussed on the Site are available or appropriate for sale or use inall jurisdictions or by all investors. Those who access the Site do so at theirown initiative and are responsible for compliance with local laws orregulations.
Adviser is not utilizing the Site to provide investment or otheradvice, and no information or material at the Site is to be deemed arecommendation to buy or sell any securities or is to be relied upon for thepurpose of making or communicating investment or other decisions. In addition,no information, Content or other materials contained on the Site should beconstrued or relied upon as investment, legal, accounting, tax or otherprofessional advice or in connection with any offer or sale of securities. Anytransactions listed on the Site are included as representative transactions andare not necessarily reflective of overall performance.
BY USING THE SITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLERISK. THE SITE AND RELATED SERVICES ARE PROVIDED ON AN "AS IS","AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. NEITHER ADVISER NOR ANYOF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENTPROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORSOR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE SITEOR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER ADVISER NORITS AFFILIATES WARRANT THE ACCURACY, INTEGRITY, COMPLETENESS, AVAILABILITY ORTIMELINESS OF THE CONTENT PROVIDED IN THE SITE OR THE MATERIALS OR SERVICESOFFERED IN THE SITE NOW OR IN THE FUTURE. ADVISER AND ITS AFFILIATESSPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDINGBUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE SITE, INFORMATION ON THE SITE ORTHE RESULTS OBTAINED FROM USE OF THE SITE OR RELATED SERVICES.
UNDER NO CIRCUMSTANCES WILL ADVISER OR ITS AFFILIATES BE LIABLE TOYOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TOLOST PROFITS, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONSLINE FAILURE, INTERNET FAILURE OR DAMAGES THAT RESULT FROM USE OR LOSS OF USEOF THE SITE, CONTENT, INCONVENIENCE OR DELAY. THIS IS TRUE EVEN IF ADVISER ORITS AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Any Content downloaded or otherwise obtained through the Site isdone at your own discretion and risk and you are solely responsible for anydamage to your computer or other electronic system or loss of data that resultsfrom the download of any such Content. The foregoing limitation of liabilitywill apply in any action, whether in contract, tort or any other claim, even ifan authorized representative of Adviser has been advised of or should haveknowledge of the possibility of such damages.
These Terms and Conditions of Use are effective unless and untilterminated by either you or Adviser. You may terminate these Terms andConditions of Use at any time, provided that you discontinue any further use ofthe Site. We also may terminate these Terms and Conditions of Use, in our solediscretion, at any time and may do so immediately without notice, andaccordingly deny you access to the Site.
As a condition of your use of the Site, you agree to indemnify andhold Adviser and its affiliates harmless from and against any and all claims,losses, liability, costs and expenses (including but not limited to attorney’sfees), as incurred, arising from your use of the Site or related services orfrom your violation of these Terms and Conditions of Use.
You represent and warrant that: (i) you have full authority and allrights necessary to enter into and fully perform all of your obligationspursuant to these Terms and Conditions of Use; (ii) you have not, and you willnot enter into any agreement or perform any act which might contravene thepurposes and/or effects of these Terms and Conditions of Use; and (iii) youwill not delete any Content.
Nothing contained in these Terms and Conditions of Use is intendedto modify or amend any other written agreement you may have with Adviser(including without limitation any customer agreement, participation agreementor account agreement) (“Other Agreements”) if any, that may currently be ineffect. In the event of any inconsistency between these Terms and Conditions ofUse and any Other Agreements, the Other Agreements will govern. The Contentwithin the Site contain supplemental terms and conditions and additionaldisclosure and disclaimers, which are in addition to these Terms and Conditionsof Use. In the event of a conflict, the supplemental terms and conditions andadditional disclosures and disclaimers will govern for the relevant Content.
Headings used in these Terms and Conditions of Use are for referencepurposes only and in no way define or limit the scope of the section. TheseTerms and Conditions of Use are governed by the laws of the state of <insertstate> (except for conflict of law provisions). Any claim related to anydispute arising as a result of the Site or under these Terms and Conditions ofUse will be made before a court of competent jurisdiction located in <insertstate>. If any provision of these Terms and Conditions of Use is held to beunenforceable, such provision will be reformed only to the extent necessary tomake it enforceable. The failure of Adviser to act with respect to a breach ofthese Terms and Conditions of Use by you or others does not constitute a waiverand will not limit Adviser's rights with respect to such breach or anysubsequent breaches.
By using the Site, you agree that Adviser, at its sole discretion,may require you to submit any disputes arising from the use of the Site,related services or these Terms and Conditions of Use concerning or, includingdisputes arising from or concerning their interpretation, violation, nullity,invalidity, non-performance or termination, as well as disputes about fillinggaps in this contract or its adaptation to newly arisen circumstances, to finaland binding arbitration under the International Rules of Arbitration of theAmerican Arbitration Association, by one or more arbitrators appointed inaccordance with the said rules. Notwithstanding these rules, however, suchproceeding shall be governed by the laws of the state as set forth in theprevious section.
