By accessing
or using this Foundry Capital ("Foundry") web site,
www.foundrycapital.com
(the "Site"), you hereby accept and agree to comply
with the terms and conditions set forth in this User Agreement.
This User Agreement is a binding agreement between you and Foundry,
and governs your access and use of the Site, which includes
any information, data, tools, products, services and other content
(together, "Content") available on or through the
Site.
You may contact Foundry by e-mail (contact@foundrycapital.com)
with questions about the terms and conditions of this User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE.
EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE
OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN
CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS
STATED IN THIS USER AGREEMENT, DO NOT USE THE SITE.
1. Foundry grants
you a limited right to use the Site.
 Your
right to use the Site is subject to your agreement to abide
by this User 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
2. The Site and
its Content are owned by Foundry, its affiliates and/or third
parties.
The Site is protected by one or more copyrights, patents, database
rights, trademarks, servicemarks and/or other intellectual property
and proprietary rights that are owned by Foundry, its affiliates
and/or third parties.Foundrycapital.com and other names and
indicia of Foundry and its products and/or services are exclusive
trademarks and servicemarks or registered trademarks of Foundry
Capital. Other product and company names appearing on the Site
may be trademarks of their respective owners.You may not decompose,
decompile, reverse engineer, disassemble or otherwise deconstruct
all or any portion of the Site.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 User
Agreement.You may print copies of any accessible portion of
the Site only for your own personal use. You may discuss information
that you learn from the Site with your financial, legal or tax
advisors, and others with whom you share investment decisions.You
may not remove any copyright, trademark or other proprietary
notice or legend contained on (or printed from) the Site.
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3. You make certain
representations and warranties regarding your use of the Site.
You
represent and warrant that:·
- you have full authority
and all rights necessary to enter into and fully perform all
of your obligations pursuant to this User Agreement
- you have not and you
will not enter into any agreement or perform any act which might
contravene the purposes and/or effects of this User Agreement
- you will not delete any
Content on the Site
4. All Content
is for informational purposes only.
Nothing
on the Site is an offer or solicitation to buy or sell any security.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 give any advice or make any representations
through the Site as to whether any security or investment is
suitable to you or will be profitable.Nothing on the Site is
intended to be, and you should not consider anything on the
Site to be, investment, accounting, tax or legal advice.If you
would like investment, accounting, tax or legal advice, you
should consult with your own financial advisors, accountants
or attorneys regarding your individual circumstances and needs.
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5. There are various
risks you assume in relying on the Content.
Dated Content speaks only as of the date indicated.We make reasonable
efforts to provide accurate Content on the Site, but at times
we may not promptly update or correct the Site even if we are
aware that it is inaccurate, outdated or otherwise inappropriate.We
may change all or any portion of the Site at any time without
notice to you.We do not endorse the opinions of, or warrant
the accuracy of facts or other Content contributed by, any third
party.You agree that we are not liable for any action you take
or decision you make in reliance on any Content.
6. If Foundry
provides you with a password, you must keep your password
confidential.
You are solely responsible for maintaining the confidentiality
and security of your password. You may not disclose your password
to any third party.You accept full responsibility for any use
of your password.You must notify Foundry immediately of any
actual or suspected loss, theft or unauthorized use of your
password.We are not obligated to inquire as to the authority
or propriety of any use of or action taken under your password.
We will not be responsible for any loss to you that arises from
such use or action or from your failure to comply with these
provisions.
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7. Foundry is
not liable for any technological problems and any impact that
they may have.
All
or any portion of the Site may not be available and may not
function properly at any time.We make reasonable efforts to
avoid technological problems, but at any time the Site may have
and may cause technological problems such as viruses and other
damaging computer programming routines or engines.We take reasonable
security precautions when using the Internet, telephone or other
means to transport data or other communications, but we disclaim
liability for any interception of data or communications.We
make reasonable efforts to ensure that the Site is secure but
we do not guarantee the security of the Site.We are not liable
for any damage or injury caused by the performance or failure
of performance of all or any portion of the Site.We are not
liable for any defects, delays or errors in or resulting from
your use of the Site.
8. Foundry is
not responsible for information on any third party web site.
If you access any third party web site through the Site or otherwise,
you do so at your own risk.Hyperlinks to or from the Site do
not constitute third party endorsement, sponsorship or affiliation
of, with or by us.
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9. Foundry has
the right but not the obligation to monitor and record activity
on the Site and respond as it deems appropriate.
We
may monitor and record activity on the Site for any reason or
for no reason.We may investigate any complaint or reported violation
of our policies.We may report any activity that we suspect may
violate any law or regulation to regulators, law enforcement
officials or other persons or entities that we deem appropriate.We
may issue warnings, suspend or terminate use of the Site, deny
access to all or part of the Site or take any other action that
we deem appropriate.
10. Foundry will
abide by its privacy policy.
Personal non-public information that we gather from you will
be governed by our Privacy Policy.
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11. Foundry disclaims
all warranties with respect to the site and the content that
the law allows it to disclaim.
The site, including all content, is provided "as is"
and "as available."We disclaim all representations
and warranties, express or implied, of any kind with respect
to the site and the content including warranties of merchantability,
fitness for a particular purpose and non-infringement of intellectual
property and proprietary rights.Without limiting our general
disclaimer, we do not warrant the availability, reliability,
accuracy, completeness or timeliness of the site or the content.
12. Foundry's
liability with respect to the site and the content is limited
to the maximum extent permitted by law.
In no event will we or any of our affiliates, agents or employees
be liable for any indirect, incidental, special, punitive or
consequential damages however caused arising out of this user
agreement, the site, the content, the inability to use the site,
or transactions entered into through the site.Our liability
is limited even if we have been advised of the possibility of
the damages that you suffer or if any remedy you have fails
of its essential purpose.Under all circumstances, the maximum
liability of foundry, its agents and employees to any user of
the site with respect to the site and the content is $100.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.
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13. You will
be responsible for any liability to Foundry that arises out
of your breach of this User Agreement or your use of the Site.
You agree to indemnify, defend and hold harmless Foundry and
its affiliates, agents and employees 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:· your use of the Site,· your
breach of this User Agreement or any representation, warranty
or covenant made by you in this User Agreement,· your
violation of any applicable law, statute, ordinance, regulation
or of any third party's rights, or claims asserted by third
parties which, if proven, would place you in breach of representations,
warranties, covenants or other provisions contained in this
User Agreement.
14. You and foundry
will settle any disagreements by arbitration in New York State
under the substantive provisions of New York State law.
Regarding the resolution of any controversy, you understand
that:· Arbitration is final and binding.· By agreeing
to arbitration, you waive your right to resolve disputes in
court, including the right to a jury trial.· Arbitration
is different from a court proceeding and is generally more limited.·
The arbitrator's decision is not required to include factual
findings or legal reasoning.· Your right to appeal or
to seek to modify the arbitrator's rulings is strictly limited.·
You and Foundry agree that any dispute that arises between us
that we cannot resolve informally we will submit to binding
arbitration pursuant to the rules of the American Arbitration
Association.· You and Foundry agree that any arbitration
shall be conducted in the Borough of Manhattan, New York State.Any
questions about the nature of our relationship or the law surrounding
this relationship will be governed by New York State law without
giving effect to conflicts of law principles.
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15. You will
be bound by revised versions of this User Agreement that Foundry
posts on the Site.
Modifications will be effective immediately upon posting unless
we indicate otherwise.Your use of the Site indicates your full
acceptance of this User Agreement in its then-current form each
time you use the Site.
16. You are bound
by certain other general conditions.
We
may assign this User Agreement in whole or in part at any time
without your consent. You may not assign this User Agreement
or delegate any of your obligations under this User Agreement.
Any purported assignment of this User Agreement in violation
of its terms is void.If any provision of this User Agreement
is found invalid or unenforceable, that provision shall be enforced
to the maximum extent possible and the remaining provisions
of the User Agreement shall remain in full force and effect.This
User Agreement constitutes the entire understanding, and supersedes
all other understandings, between you and Foundry concerning
the subject matter hereof.
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