Last Updated: August 28, 2024
By accessing the website (the “Site”) of Care Equity Capital Management, L.P. (“Care Equity”), you accept and agree to comply with the following Terms of Use pertaining to the Site, which constitutes a binding legal agreement between you and Care Equity. These Terms of Use govern your access and use of the Site, which includes any information, services and other content (together, “Content”) available on or through the Site. You may contact Care Equity at info@careequity.com with questions about these Terms of Use.
By visiting the Site, you acknowledge and agree to these Terms of Use and our Privacy Policy, which may be updated by us at any time. Updates to the Terms of Use will be posted here. Any such changes will be effective upon posting. You should consult the “Terms of Use” link on this Site each time you visit the Site. If you do not agree with it, you should not use the Site.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOU ALSO AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS THE SITE, AND YOU AGREE NOT TO ACCESS THE SITE.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Site is for your personal and non-commercial use. Care Equity grants you a non-exclusive, non-transferable, revocable and limited personal license to access and use the Site, conditioned on your continued compliance with these Terms of Use. At any time and for any reason Care Equity may revoke your right to use all or any portion of the Site. You may not modify, copy (except as set forth below), distribute, transmit, display, perform, reproduce, publish, frame, license, create derivative works from, transfer, sell or commercially exploit all or any part of the Site or any information, products or services obtained from the Site. If you link other websites to this Site, you may not imply or suggest that Care Equity has endorsed or is affiliated with such websites, and you may not display this Site as “framed” within another website. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. You may print one hardcopy of the information and download one temporary copy of the information into one single computer’s memory solely for your own personal, non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices are kept intact. You are prohibited from using the Site to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission of Care Equity. You may not take any action that imposes, or may impose, in our absolute discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures we may use to prevent or restrict access to the Site. Any rights not expressly granted herein are reserved.
OWNERSHIP OF CONTENT
The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Care Equity, its affiliates and/or third parties. Your use of any Content, whether owned by Care Equity, or any third party, without the express written permission of Care Equity, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of Care Equity’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of Care Equity.
NO UNLAWFUL OR PROHIBITED USE
As a condition to your use of the Site, you represent and warrant to, and agree with, Care Equity that you will not use the Site for any purpose that is unlawful, prohibited by these Terms of Use or that otherwise inhibits anyone’s use or enjoyment of the Site. In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior.
Care Equity has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you, and we may at any time revoke your right to use all or a portion of this Site. Care Equity may investigate any complaint or suspected violation of these Terms of Use and may report any activity relating to this Site to regulators, law enforcement officials or other persons or entities it deems appropriate.
NO SECURITIES OFFERING OR INVESTMENT ADVICE
The information on the Site is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. All Content is informational only and should not be construed as any endorsement, recommendation or sponsorship of any company or security by Care Equity. This Content does not contain the information that an investor should consider or evaluate to make a potential investment. There are inherent risks in relying on, using or retrieving any information found on the Site, and Care Equity urges you to make sure you understand these risks before relying on, using or retrieving any Content on the Site. You should evaluate the Content made available through the Site, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information. You agree that Care Equity is not liable for any action you take or decision you make in reliance on any Content.
THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE. No representation is being made that any investment or transaction will or is likely to achieve the profits or losses similar to those achieved in the past, or that significant losses will be avoided.
FORWARD LOOKING STATEMENTS
Information contained in the Content may contain forward-looking statements based on Care Equity’s expectations and projections. Those statements are sometimes indicated by words such as “expects,” “believes,” “will” and similar expressions. In addition, any statements that refer to expectations, projections or characterizations of future events or circumstances, including any underlying assumptions, are forward-looking statements. Such statements are not guarantees of future performance and are subject to certain risks, uncertainties and assumptions that are difficult to predict. Therefore, actual returns could differ materially and adversely from those expressed or implied in any forward-looking statements as a result of various factors. Care Equity undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
THIRD PARTY CONTENT
Care Equity is not responsible for information produced by a third party that is referred to in, or accessible or connected by hyperlink to any Content. Care Equity makes every attempt to provide links only to accurate websites, but Care Equity cannot be responsible for the information or continued accuracy of the information presented on those websites. Care Equity specifically disclaims any liability for any loss or damages which a viewer may incur by visiting any such websites. You are advised to review the terms of use and privacy policies of any website that you visit. Care Equity disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Content. Hyperlinks to or from the Content do not constitute third party endorsement of, sponsorship by or affiliation with Care Equity.
Disclaimer of International Use
This Site is operated and controlled by Care Equity in the United States, and the Content provided in or accessible through the Site is directed at residents of the United States. Despite the global nature of the Internet, Care Equity makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
Limitation of Liability; INDEMNIFICATION
Care Equity DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” Care Equity DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING Care Equity’S GENERAL DISCLAIMER, Care Equity DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
Care Equity’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL Care Equity OR ANY OF ITS AFFILIATES, and each of their respective controlling persons, shareholders, members, managers, partners, directors, officers, employees and agents (“Covered PErsons”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THESE TERMS OF USE, THE SITE, THE INABILITY TO USE THE SITE. Care Equity’S LIABILITY IS LIMITED EVEN IF Care Equity HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
You will be responsible for any liability to Care Equity that arises out of your breach of tHESE TERMS OF USE or your use of the Site. You agree to indemnify, defend and hold harmless the Covered Persons and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: (1) your use of the Site, (2) your breach of these Terms of Use or any representation, warranty or covenant made by you in these Terms of Use, (3) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or (4) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms of Use.
Governing Law; DISPUTES
These Terms of Use are governed by the laws of the State of New York, without regard to its choice of law provisions. Any dispute relating to these Terms of Use or your use of the Site shall be resolved solely in the state or federal courts located in the jurisdiction of Care Equity’s principal place of business. You agree to waive trial by jury in any such action.
YOU AND Care Equity AGREE THAT YOU AND Care Equity MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT WHERE DOING SO IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. FURTHER, YOU AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES AFFECTED BY SUCH PROCEEDINGS.
You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms of Use would cause irreparable injury, that money damages would be an inadequate remedy, and that Care Equity shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this section shall be construed as preventing Care Equity from pursuing any and all remedies available to it, including the recovery of money damages from you.
GENERAL
If any provision of these Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms of Use shall remain in full force and effect.
These Terms of Use constitute the entire understanding, and supersede all other understandings, between you and Care Equity concerning the subject matter hereof.
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