Martis Capital
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User Agreement

User Agreement

 

By accessing and using this website, you accept and agree to be bound by this User Agreement (this “User Agreement”), which is a legal agreement between you and Martis Capital Management, LLC (together with its affiliates, “Martis” or “us,” “we” or “our”). You should read this User Agreement carefully and we suggest that you review this User Agreement periodically for changes. If you do not accept and agree to be bound by this User Agreement, do not access or use this website. Martis may update or modify this website at any time and your continued use after any such update or modification will constitute your acceptance of and agreement to be bound by this User Agreement as so updated or modified. Martis may, at its discretion, discontinue any of the content of this website, or any portion thereof, with or without notice.

This website is for informational purposes only. See Disclosures for important information and disclaimers.


Proper Use

You may not violate or attempt to violate the security of this website. Tampering with any portion of this website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on this website, whether or not through the use of agents, are prohibited and constitute a breach of this User Agreement. You are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) disabling, removing, defeating, or avoiding any security device or system; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (e) sending unsolicited email, including promotions and/or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any email or posting; (g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available on this website and other than generally available third party web browsers; (h) reverse engineering, decompiling or disassembling the underlying software; (i) removing any notices, warnings, labels, annotations or instructions from any portion of this website or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (j) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of this website. Any violations of system or network security, including attempts to intentionally access a computer without authorization or exceed your authorized access level, may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). Martis may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to this website for any or no reason, including but not limited to if we conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.


Ownership and Proprietary Rights to Content

This website is owned and operated by Martis.

You acknowledge and agree that this website contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. The content of this website is our property or that of our suppliers or licensors and is protected by U.S. and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, license, sell, create derivative works from, or in any way exploit any of the content, in whole or in part. You may not upload, post, reproduce, perform, or distribute in any way any content without obtaining permission of the owner of the copyright, trademark or other proprietary right.


Trademarks

Martis and its logos are trademarks of Martis Capital Management, LLC. They may not be used or displayed without our prior written consent. All other trademarks, product names and company names and logos appearing on this website are the property of their respective owners, and may be used only with the permission of the particular owner.


Linked Sites

Martis does not review or monitor any websites linked from or to this website and is not responsible for the content of any such other websites, or any products or services contained on or accessible through such other websites, or their terms of use or privacy policies. You are advised to review the terms of use and privacy policies of any website that you visit. Martis disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from this website.


Warning Regarding Web Fraud and Phishing

Our name, brands and reputation may be misused by imposters and frauds publishing fake web sites and engaging in “phishing” scams seeking personal or confidential information. When communicating with Martis through electronic media, please: (a) confirm you are visiting a Martis-authorized website and (b) do not share any of your login IDs and passwords with anyone, including anyone from Martis. Do not communicate or deal with personnel who are not affiliated with an authorized Martis office. Do not send e-mails to anyone with an address other than an authorized Martis e-mail address.


Disclaimers

You expressly understand and agree that:

(a) your use of this website is at your sole risk. This website is provided on an “as is” and “as available” basis. Information on this website speaks only as of the date indicated, as applicable.  While we make reasonable efforts to provide accurate information, at times we may not promptly update or correct this website even if we are aware that it is inaccurate, outdated or otherwise inappropriate. You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained on this website. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

(b) we do not warrant or represent that (i) this website will meet your requirements, (ii) this website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of this website will be accurate or reliable, (iv) the quality of any services, or information, or other material obtained by you through this website will meet your expectations, (v) the server that makes this website available is free of viruses or other harmful components; or (vi) any errors in the software will be corrected.

(c) any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk and that you will be solely responsible for any loss or damage incurred, including, without limitation, damage to your computer system or loss of data that results from the download of any such material. You (and not us or any of our affiliates or any of our or their respective licensors or suppliers) will be liable in any regard for any necessary servicing, repair or correction to restore your system.


Limitation of Liability

Martis and its affiliates, directors, officers, managers, stockholders, partners, members, agents, advisors and employees shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use this website or any of the services or products mentioned herein; or resulting from any information or services obtained or messages received; or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if we have been advised of or possess knowledge of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. If you are dissatisfied with any portion of this website, or with any of this Use Agreement, your sole and exclusive remedy is to discontinue using this website.


International Use

This website is operated and controlled by us in the United States, and the content provided on or accessible through the website is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the Internet, Martis makes no claims that this website is appropriate or may be viewed or used outside the United States. Access to this website from countries or territories where such access is illegal is prohibited. Martis makes no representations that the transactions, products or services discussed on or accessible through this website are available or appropriate for sale or use in all jurisdictions or by all users. Those who access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.


Exculpation; Indemnification

As a condition of your use of this website, you agree to exculpate, indemnify and hold Martis and its affiliates, directors, officers, managers, stockholders, partners, members, agents, advisors, and employees harmless from and against any and all claims, losses, liability, costs and expenses (including, but not limited, to attorney’s fees), as incurred, arising from, in connection with or related to your use of this website or your violation of this User Agreement.


Termination

Martis may terminate your access to this website at any time, for any reason or no reason, with or without prior notice.


Governing Law and Forum

The laws of the state of New York govern this User Agreement. You agree to waive trial by jury in any such action.


Severability and Waiver

If, for any reason, a court of competent jurisdiction finds any provision in this User Agreement to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent of this User Agreement, and the remainder of this User Agreement shall continue in full force and effect. Our failure to act with respect to a breach of this User Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches.


Contact

Any questions or concerns regarding this website should be addressed to: Martis Capital Management, LLC, 250 University Avenue, Suite 400, Palo Alto, CA 94301 or 2020 K Street, N.W., Suite 720, Washington, DC 20006 – phone (650) 331-8800 or (202) 975-1281 or email info@martiscapital.com.


Last updated in August 2018.