Terms and Conditions of Use
This website (including all information and materials contained herein, the “Site”) is sponsored by, and the property of, Seamax Capital Management LLC (collectively, with its subsidiaries and affiliates, “Seamax”, “us”, “our” or “we”). Our place of business is Three Landmark Square, Suite 505, Stamford, CT 06901. Please see the Contact Us page for further information about how to contact us.
Please read the following information carefully before using the Site. By using the Site you agree that you have read and accepted these terms and conditions (the “Agreement”) and the restrictions governing the use of the Site. This Agreement is a binding agreement and governs your access and use of the Site, including any information, data, tools, products, services and other material now or hereafter available on or through the Site.
The material contained in the Site is provided for information purposes only and is subject to change without notice. The Site is not intended to provide, and does not constitute in any manner investment advice to any party viewing its contents, and no information or materials contained in the Site should be construed or relied upon as such. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. We do not provide any advice or make any representations through the Site as to whether any security or investment is suitable for you or will be profitable. Nothing contained on any part of the Site constitutes investment, legal, accounting, tax or other professional advice nor is it to be relied upon in making an investment or other decision. You should obtain relevant and specific professional advice and check the accuracy of all relevant information before making any investment decision. Seamax will not treat users of the Site as its clients, customers or investors by virtue of their accessing the Site. Any reference to past performance is not indicative of future results nor can there be any assurance that any individual investment or investor will achieve comparable results, make any profit, or avoid incurring any losses.
Limited Use and Accuracy of Information:
Seamax grants you a limited right to use the Site. Your right to use the Site is subject to your agreement to abide by this Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site. You may not violate or attempt to violate the security of the Site.
Information relating to our investments is derived from [publicly available] information provided by the applicable issuer. Seamax makes no representation, undertaking or warranty that the information contained in the Site is accurate, reliable or complete. Dated content available on the Site speaks only as of the date indicated.
Third Party References; External Sites:
The Site may contain references to third parties or links to other websites or addresses. If you access any third party web- site through the Site or otherwise, you undertake to do so at your own risk. External sites are not part of this Site and do not belong to us. We do not endorse or accept any responsibility for the content of such external websites, nor the products or services on them. Any external websites are independent from us, and we have no control over or responsibility for the information provided, the accuracy of such information, or any activities that may be undertaken on such sites. We do not control any third parties nor do they control us. Consequently we assume no liability or responsibility with respect to any such third party.
Access to this Site and any information on the Site is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence, regulatory environment or otherwise) it is prohibited to access the Site or its content for any reason. If you are a person in a jurisdiction where such prohibitions may apply, you must not access this Site.
Warranties and Limitations of Liability:
The Site is provided “as is” and your access and use of it is at your own risk. To the extent permitted by law and unless otherwise specifically set out in this Agreement, we make no warranties, representations or undertakings in respect thereof and all warranties representations, undertakings, or other terms of any kind, whether express or implied by statute, custom or usage (including without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) relating to the Site and the information contained in or omitted from the Site are excluded.
Seamax is not responsible for any errors or omissions or for the results obtained from the use of any information on this Site or for any technical problems you may experience in accessing or navigating the Site.
To the fullest extent permitted by law, Seamax (and its affiliates, agents or licensors) excludes all liability, whether in contract, tort, negligence, misrepresentation or otherwise, for any direct or indirect loss or damage caused, directly or indirectly, by your use of the Site or the information contained on the Site or provided to you pursuant to your use of the Site.
In no circumstance shall Seamax (or any of its affiliates, agents or licensors) be liable for any direct, indirect, incidental, special or consequential loss or damages (including, without limitation, loss of profit, business opportunity, loss of goodwill, anticipated savings or data) arising from: (i) your inability to use the Site at any time or any error in the provision of the Site; (ii) unauthorized access to or alteration of the Site or any information or data transmitted in relation to the Site; (iii) any error, fault, computer virus or other computer or data-corrupting or data-damaging material transmitted through the Site; (iv) third party services outside Seamax’s reasonable control (including, but not limited to, telephone and browser services and your use of email communications to contact or instruct us, and any delay in our receipt or confirmation of such a communication, any interception of or changes to such a communication and any reasonable delay in acting on such a communication), whether such services are used by you to access the Site or otherwise; (v) your use of and/or reliance on other web sites to which you have gained access by means of hyperlinks published on the Site; or (vi) any inaccurate information, material or opinions published on the Site (or accessed via the Site) or your reliance thereon. For the avoidance of doubt this provision shall apply whether or not the relevant loss or damage arises by reason of Seamax’s negligence or in contract, tort, misrepresentation or otherwise.
SEAMAX’S LIABILITY IS LIMITED EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER 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 shall be liable to Seamax for any loss, liability or cost that Seamax (or any of its affiliates) suffers as a result of your use (or misuse) of the Site or any breach of this Agreement, and in particular any warranties, representations or undertakings made, by you. You agree to indemnify, defend and hold harmless Seamax and its affiliates, agents, employees 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: (a) your use (or misuse) of the Site; (b) your breach of this Agreement or any representation, warranty or covenant made by you in this Agreement; (c) your violation of any applicable law, statute, ordinance or regulation, or of any third party’s rights, or (d) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this Agreement.
Unless stated otherwise, the information, materials, logos and images contained in this Site are the property of, and proprietary to, Seamax or its affiliates or its licensors, with all rights reserved. Seamax marks appearing on the Site are trademarks which belong to Seamax and/or its affiliates. No visitor may use or copy such images, logos, trademarks or names without the prior written consent of Seamax or except as otherwise provided in this Agreement,. Other product and company names reproduced on the Site may be the trademarks (registered or otherwise) of the respective owners, and all rights in the material on any other websites which you may be able to access from the Site may be owned by third parties, with all rights reserved by such parties. You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this Agreement.
As a visitor to the Site, you may view the Site and you are welcome to print hard copies of the Seamax content for your personal, non-commercial use. Any copies must not alter the original content. You may not remove any copyright, trademark or other proprietary notice, legend or restriction contained on (or printed from) the Site. All other copying or distribution of any part of the Site whether in electronic, hard copy or other format is prohibited.
Site Submissions and Your Privacy:
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, requests for information or the like, all such communications are, and will be treated as, Seamax’s property. Hence, you surrender any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way we use such material. We are free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication that you send to the Site or to us for any purpose whatsoever, including but not limited to developing business plans or investment strategies. We are not obligated to use any such ideas or materials and you have no rights to compel such use. To the extent that you provide any personally identifiable information to the Site, Seamax will utilize industry standard data protection measures and software applications to maintain the confidentiality of such information. Seamax will not share any such information and will utilize the information solely for the purpose of any communications directly between you and Seamax.
Seamax reserves the right to make any changes to these terms and conditions at any time and it is your responsibility to check for any changes to these terms and conditions. You will be bound by any revised versions of these terms and conditions, which will be effective immediately upon posting, unless we indicate otherwise.
If a competent court of law or authority finds that any part of these terms and conditions is invalid, unlawful or unenforceable to any extent, the remainder of these terms and conditions shall continue to be valid and enforceable to the fullest extent permitted by United States law.
These terms and conditions are governed by the laws of the State of Connecticut and United States law. The courts of Connecticut shall have exclusive jurisdiction in relation to any dispute arising out of your use of the Site or arising from or connected with these terms and conditions and you hereby submit to the exclusive jurisdiction of the courts of Connecticut.