Last updated September 2020
1. Acceptance of Terms
2. No investment advice or recommendations
None of the information provided through the Website constitutes investment advice, and the views expressed should not be taken as advice to buy or sell any security. Decisions based on information contained or provided through the Website are your sole responsibility and at your own risk.
Nothing on or in the Website shall be considered a solicitation or offer to buy or sell any security or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any educational materials or summaries provided through the Website are intended to be general in nature. While intended to be helpful, these educational materials are no substitute for professional tax, financial or legal advice. Investors should seek such professional, financial, or legal advice for their particular situation.
All investments involve risk and unless we provide individualized recommendations to you, you are responsible for determining the suitability of any investment strategy, transaction or security and the risk associated with your investments. We are not providing legal, tax or estate planning advice.
3. Limited License and Website Access; All Rights Reserved
We hereby grant you a limited, non-exclusive and revocable license to access and make personal use of the Website, but not to download (other than page caching) or modify the Website, or any portion of it, except with our express prior written consent. This license does not include any resale or commercial use of the Website or the Content; any collection and use of any pages; any derivative use of the Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express prior written consent. You may not use any meta-tags or any other “hidden text” utilizing our or any third party’s name(s) or service marks without the express prior written consent of their respective owners. We (or the respective third-party owners of Content) retain all right, title and interest in the Website and any Content, features and services offered on the Website, including any and all intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by us hereby.
Except as otherwise expressly stated, all Content appearing on the Website is our copyrighted work and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also our exclusive property and is protected by U.S. and international copyright laws.
You may download information from the Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Website, in whole or in part, including any text, images, audio, and video in any manner, without our prior written authorization and any applicable third-party suppliers. The use of Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by us. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. We do not warrant or represent that your use of Content or any other materials displayed on the Website will not infringe rights of third parties. If you believe that any Content on the Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately by emailingwith all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
5. Information Submitted via the Website
6. Connection Requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Website, and we reserve the right to change the access configuration of the Website at any time without prior notice.
7. Prohibited Use
Any use or attempted use of the Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by us to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website, you agree you will not:
(a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
(b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any representative of us, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
(d) Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
(e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
(f) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
(g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
(h) Violate any applicable local, state, national or international law;
(i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
(j) Delete or revise any material posted by any other person or entity unless such material is incorrect and you are permitted to delete or revise it;
(k) Manipulate or otherwise display the Website by using framing, creating deep-links to the Website by by-passing the Website’s home page, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, in accordance with the Limited License and Website Access outlined above;
(l) Probe, scan, test the vulnerability of or breach the authentication measures of, the Website or any related networks or systems;
(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so;
(n) Harvest or otherwise collect information about others, including e-mail addresses;
(o) Use any robot, spider, scraper, or other automated or manual means to access the Website, or copy any content or information on the Website;
(p) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or
(q) Otherwise use the Website or any materials contained on the Website in violation of applicable law, rule or regulation.
8. Right to Monitor
We may allow certain types of advertising through and on our Website in the future, including our own advertisements for our services, and those of third parties and Content partners to advertise and offer services applicable to our users.
10. No Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Website is provided by users or third party content providers, we have no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on the Website are those of such users or third party suppliers. We do not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any user or third party, or represent or warrant that your use of the Content displayed on the Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with us.
11. Applicability of Other Terms
In addition to this Agreement, additional or different terms and conditions (collectively “Other Terms”), may apply in connection with certain types of available features or Content. You should carefully review all Other Terms, as applicable, before accessing and using such available features and Content. These Other Terms are incorporated into and made a part of this Agreement by reference. In the event this Agreement directly conflicts with the Other Terms, the Other Terms shall control with respect to the specifically conflicting subject matter.
12. Reservation of Rights
We reserve the right in our sole discretion and at any time (i) to deny any download requests for the Website, (ii) to limit access to the Website, (iii) to remove any animated work or any other Content from the Website, (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Website or any subscription to the Website, in whole or in part, including, but not limited to, as we deem necessary for purposes of maintenance, upgrades and the like, to maintain the Website or to comply with applicable law. We shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Website.
We gather personal information when you invest in one of our funds. We may conduct surveys regarding our services, including the operation of our Website. The information you provide is used only on an aggregated basis and is analyzed only to improve our services and for company management and planning purposes. You will not receive communications as a result of your participation in one of our surveys if you notify us not to contact you.?
Content and other information contained on the Website has been prepared by us as a convenience to our users and is not intended to constitute advice or recommendations upon which a user may rely. We have used reasonable efforts in collecting, preparing and providing quality information and material, but make no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Website or any other Website maintained by us. Users relying on Content or other information from the Website do so at their own risk.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. WE MAKE NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
15. Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY DESCRIBED IN THE WRITTEN TERMS (INCLUDING THE OTHER TERMS) GOVERNING THE USE OR SALE OF (OR SALE OF ACCESS TO) SERVICES, YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT; THE COST OF OBTAINING SUBSTITUTE ACCESS TO SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, ACCESS TO SERVICES; OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, AND SERVICES, OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE US DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
17. Arbitration Agreement and Disclosures
Any disagreement or dispute that may arise concerning this Agreement shall be submitted to the American Arbitration Association (“AAA”) for resolution in a confidential private arbitration in accordance with the rules then in effect of the American Arbitration Association. Any such arbitration proceeding shall take place in New York, New York before a single arbitrator (rather than a panel of arbitrators). The arbitrator shall have no authority to award any punitive or exemplary damages and the disputing parties waive, to the fullest extent permitted by law, any right to recover such damages in such arbitration. The disputing parties shall each bear their respective costs (including attorney’s fees, and there shall be no award of attorney’s fees) and each of the disputing parties shall split the fee of the arbitrator. Judgment upon the final award rendered by such arbitrator, after giving effect to the AAA internal appeal process, may be entered in any court having jurisdiction thereof. The disputing parties shall maintain absolute confidentiality with respect to any dispute. The United States Federal or State Courts located in the County of New York shall have exclusive jurisdiction over any action to enforce an arbitration award and/or obtain injunctive or other equitable relief.
19. Electronic Communications
20. Entire Agreement
21. Governing Law
22. Severability, Waiver and Effectiveness
23. Applicability of the Uniform Commercial Code
24. No Agency Relationship
26. Contacting Us
BCK Capital Management, LP
1010 Washington Boulevard, 7th Floor
Stamford, CT 06901