TERMS OF USE
Effective: March 21, 2018
The www.islandpeakcapital.com website (the “Site”) is operated by Island Peak Capital, LLC (“IPC” or we” or “us”). These Terms of Use (these “Terms”) apply to the Site. These Terms do not apply offline and do not alter the terms of any other agreement that you may have with us. IPC reserves the right to change these Terms from time to time, and at any time, without prior notice. By using the Site following any changes to these Terms, you agree to be bound by any such changes to these Terms.
IPC provides information on the Site for informational purposes only. The information and/or content on the Site is not and should not be deemed an offer to sell, or a solicitation of an offer to buy, any securities or any other instruments by anyone in any jurisdiction. These Terms and our Privacy Policy comprise the entire agreement between you and IPC with respect to your use of the Site.
PLEASE READ THESE TERMS and our Privacy Policy CAREFULLY and refer to them as often as necessary. BY USING THE SITE, YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS AND our PRIVACY POLICY, (ii) UNDERSTAND THEM, (iii) ACCEPT AND AGREE TO BE BOUND BY THEM, (iv) ARE AT LEAST 18 YEARS OLD OR ARE ABLE TO FORM LEGALLY BINDING CONTRACTS, AND (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU, TO THE USE OF THE SITE, AND/OR THE INTERNET. IF YOU DO NOT AGREE TO these TERMS and our Privacy Policy, you may not access or use the Site.
1. Use of Site Content. The Site is for your personal and noncommercial use only. Other than as expressly permitted in the next sentence, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, or services obtained from the Site without our prior written permission. You may display and, subject to any expressly stated restrictions or limitations relating to specific material on the Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the information provided on the Site solely for your own internal, noncommercial, lawful use. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems or social media or mobile platforms through the Site, or (c) conduct any fraudulent activities on the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You agree that you will violate or attempt to violate the security of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
2. Unsolicited Submissions; Accuracy of Information; Account Information. Any non-personal information, remarks, suggestions, ideas, graphics or material you submit to us by email, download, or otherwise (“Unsolicited Submission”), is non-confidential, and automatically becomes IPC’s property upon receipt, without any compensation to you. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose. Specifically, we are free to use any ideas or concepts contained in any such Unsolicited Submission for any purpose whatsoever, without any compensation to you. IPC does not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you. You acknowledge and agree that you are solely responsible for the accuracy and content of the information you submit to us. You agree to provide accurate and truthful information. You agree to promptly notify us if information you provided becomes or is discovered to be inaccurate, untruthful or misleading.
3. Intellectual Property. IPC and its licensors own all right, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership in or rights to of any of the foregoing. The Site is copyrighted as a collective work under the United States’ and other copyright laws, and is the property of IPC. The collective work includes works that are licensed to IPC. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, IPC, its licensors or its affiliates. IPC does not grant any license or other authorization to use the Marks except through a separate written license agreement.
4. Linking. The Site may contain links to other websites, which may be of interest to you. IPC is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate.
5. Privacy Policy. Along with these Terms, please read our Privacy Policy and refer to this policy before you submit any personal information to the Site.
6. Disclaimer. THE SITE, INCLUDING, WITHOUT LIMITATION, THE INFORMATION, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IPC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IPC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IPC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF the information ON THE SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
7. Limitation of Liability. IN NO EVENT SHALL IPC, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OR YOUR USE OF THE SITE or the information on the Site, EXCEED, IN THE AGGREGATE, $10 (UNITED STATED DOLLARS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS IPC’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8. Indemnity. You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, any third party right or of these Terms, or any activity otherwise related to your use of the Site (including negligent or wrongful conduct), by you.
9. Termination. IPC reserves the right, without notice and in its sole discretion, to terminate your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. The provisions of Sections 2, 3, 6, 7, 8, 9, 10 and 11 shall survive the termination of these Terms.
10. Miscellaneous. These Terms are governed by the laws of the District of Columbia, without regard to its conflict-of-law provisions and each party shall submit to the personal and exclusive jurisdiction of the state and federal courts of the District of Columbia. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. By using the Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred. IPC’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. IPC may assign its rights and duties under these Terms to any party at any time without notice to you.
11. Contact Us. We welcome your questions and comments about these Terms. Please contact us by e-mail at info@islandpeakcapital.com.