This Terms of Use Agreement ("Terms") is effective as of October 10, 2013.
By using or accessing this website of Apex Capital Management (New York) LLC (including any affiliates, "Apex"), you acknowledge that you are agreeing to the Terms, including the Privacy Policy contained herein, as may be modified from time to time. If you do not agree with the Terms, you are not granted permission to access or otherwise use this website.
No Solicitations
Nothing on this website shall be considered a solicitation to buy or an offer to sell, or a recommendation for, a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction. All persons accessing this website do soon their own initiative and are responsible for compliance with applicable local laws and regulations.
Intellectual Property Rights
You acknowledge that this website is protected by applicable copyrights, trademarks and service marks and that these worldwide rights are valid and protected in all forms, media, and technologies existing now or developed in the future. Accordingly, you may not copy, distribute, modify, post or frame-in the website, except as explicitly authorized below or by Apex in writing.
Permitted Uses. You are granted a non-exclusive, personal, non-transferable, non-sublicensable, limited and revocable right to access, use and display this website on any computers or other electronic display device of which you are a user for your personal and non-commercial use only (the "Permitted Uses"). You agree to use the website only for lawful purposes, for the Permitted Uses, and not for the Prohibited Uses (as defined below). No other use of the website is authorized unless you and we have agreed otherwise in writing.
You may print copies of the website's content, provided that these copies are made only for the Permitted Uses and that you include any notices and any legal information contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices as well as any applicable disclosures. Limited linking to the homepage of this website is permitted so long as it is for personal use only.
Prohibited Uses. You are prohibited from any use of the website that would give rise to liability or otherwise violate any applicable laws or regulations or the Terms. You may not publicly perform, publicly display, transmit, publish, participate in the sale or transfer of, modify, or create derivative works based on anything available through the website, in whole or in part. You shall not store electronically any significant portion of any part of the website. No reverse engineering, framing, or modification of any part of this website is allowed without our written approval. Any modification or unauthorized use is a violation of our copyrights and other proprietary rights.
Third Party Content Providers, Sites, Referrals
As a service, this website may contain links to other websites. Such other external websites may be subject to terms of use contained within each such website. If there is any conflict between these Terms and terms set forth on any other external website, then the terms of such other website will control your use of that website. Apex is not liable for any direct or indirect technical or system issues, consequences, or damages arising from your use of any third party website. Apex is not responsible for any third party, their products or services, their website, or any content made available through such third party sites, nor do we make any warranties or representations, express or implied, regarding third party content (or its accuracy) on any third party sites, and Apex shall have no liability of any nature whatsoever in relation to any of the foregoing.
Disclaimer of Warranties
You understand that your use this website is at your sole risk. You acknowledge and agree that this website is provided on an "as is" and "as available" basis. Apex does not guarantee the timeliness, accuracy, reliability, completeness, or usefulness of any of the website. Apex does not warrant that this website or downloads will meet your needs or expectations, or be uninterrupted, secure or error free or that this website, its server or any files available for downloading through this website are free of computer viruses or other harmful elements. Apex has no responsibility for viruses or any other damage that may be caused to you as a result of using this website. Periods of volatile or unusual market activity, in particular, may affect systems availability or response time. Apex specifically disclaims any representations, endorsements, guarantees, or warranties, express or implied, regarding this website, including without limitation, the implied warranties of merchantability and fitness for a particular purpose and non-infringement of third-party rights. Without limiting the generality of the foregoing, Apex disclaims any warranties with respect to any results that may be obtained from the use of this website.
Apex also disclaims responsibility for damages third parties may cause to you through the use of this website, whether intentional or unintentional. For example, you understand that hackers could breach our security procedures, and that Apex will not be responsible for any related damages.
Future or "Forward-looking" Statements. Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance, upcoming product offerings or other projections are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 and involve risks and uncertainties. General business, market, economic and political conditions could cause actual results to differ materially from what we presently anticipate or project.
Internet email. Apex discourages you from using e-mail for sending confidential or sensitive information. If you send e-mail (encrypted or not) to Apex over the Internet, you are accepting the associated risks of lack of confidentiality.
No Advice. You further acknowledge that nothing contained on this website constitutes investment, legal, tax or other advice, nor is it to be relied upon in making any investment or other decisions. You should seek professional advice prior to making any investment decisions.
Limitation of Liability
YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SITE IS TO STOP USING THE SITE. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL APEX BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO: LOSS OF REVENUE, TRADING LOSSES, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, OPERATOR ERRORS, INCONVENIENCE OR DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET); SEVERE OR EXTRADODINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD); FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF APEX HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. FURTHER, APEX WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS.
THESE LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE ALW REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF APEX OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
General Provisions
Failure by Apex to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. No waiver shall be effective unless in writing. The laws of the State of Connecticut govern these Terms. If you take legal action relating to these Terms, you agree to file such action only in the state or federal courts in the State of Connecticut and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.
These Terms inure to the benefit of Apex and its successors and assigns. You may not assign the Terms. All rights not expressly granted herein are reserved by Apex.
Termination
You acknowledge and agree that Apex may restrict, suspend or terminate the Terms or your access to, and use, of the all or any part of website, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of the Terms, in Apex's absolute discretion and without prior notice or liability. The relevant version of the Terms shall continue to apply to all prior use of the website. The following paragraphs shall survive termination of your use or access to the website: paragraphs concerning Disclaimers, Limitations of Liability, Termination and General Provisions, and any other provision that by its terms survives termination of your use of or access to the website.