CALTIUS CAPITAL MANAGEMENT Welcome to www.caltius.com. The information offered by Caltius Capital Management, LP and its affiliated entities (together, "Caltius") on this website (the "Site") is subject to the terms and conditions set forth herein (these "Terms and Conditions"). These Terms and Conditions apply to all users. By entering the Site or by transmitting any information to the Site you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use the Site. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We reserve the right to revise these Terms and Conditions at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of the Site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the Site to review the Terms and Conditions.
1. COPYRIGHTS AND TRADEMARKS No portion of the Site, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written approval of Caltius, except as provided herein. The compilation of all content on the Site is the exclusive property of Caltius and is protected by U.S. and international copyright and other laws. All software used on the Site is the property of Caltius or its software suppliers and is protected by U.S. and international copyright and other laws.
By entering the Site you acknowledge and agree that each name, logo, trademark, service mark, or tradename contained on the Site is owned or licensed by Caltius (or otherwise used by Caltius with permission) and may not be used by you without the prior express written approval of Caltius. Caltius will aggressively enforce its intellectual property rights to the full extent of the law. Information or images of places or people are either the property of Caltius or used on the Site by Caltius with permission. Your use of any such materials is prohibited unless specifically permitted by Caltius. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy, and publicity rights.
2. RESTRICTED USE OF SITE MATERIALS Caltius grants you a limited license to access and use the Site for your personal use only. Also for your personal use only, you may print copies of the information from the Site and you may store information from the Site on your own computer. You may not modify the Site, or any portion thereof, for any reason. Any unauthorized use terminates the approval or limited license granted by Caltius. Caltius reserves all other rights.
3. LINKING, POSTING, AND TRANSMITTING Although Caltius provides the information accessible on the Site for your personal, non-commercial use, Caltius retains all property rights, including, without limitation, property rights under U.S. and international copyright law, to all such information. Without the prior express written approval of Caltius, you MAY NOT do any of the following: (A) hyperlink to the Site, whether to its homepage or to an interior page; (B) include information from the Site on another site, on a server computer, or in documents; (C) modify or re-use the information from the Site; or (D) transmit any commands, codes or information to the Site, with the exception of those commands necessary to view the Site. Caltius reserves all other rights.
Do not transmit to the Site or to any Caltius personnel, (A) any pornographic, obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications or (B) any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Caltius, or other parties involved in creating, producing, or delivering the Site, may monitor or review any transmissions to the Site or to Caltius personnel, Caltius and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
Although the Site may be linked to other sites upon permission, Caltius is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Site you acknowledge and agree that Caltius has not reviewed all the sites that may be linked to the Site and is not responsible for the content of any off-site pages or any other site linked to the Site. You further acknowledge and agree that when you follow links to pages not maintained on the Site, you do so at your own risk.
4. DISCLAIMERS While Caltius makes all reasonable efforts to help ensure that all material on the Site is correct, accuracy cannot be guaranteed and Caltius makes no warranties or representations as to the accuracy of the Site. THE SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW.
5. LIMITATIONS ON LIABILITY By entering the Site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other liabilities, losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, through access to the Site, use or browsing of the Site, or through your downloading of any text or images, from the Site.
6. TERMINATION You acknowledge and agree that Caltius may terminate your access to the Site should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Caltius. Any such termination shall be in Caltius' sole discretion and may occur without prior notice, or any notice. Caltius further reserves the right to terminate any user's access to the Site for any conduct that Caltius, in its sole discretion, believes (A) is or may be directly or indirectly harmful to other users, to Caltius or its affiliates or business contractors, or to other third parties or (B) violates any local, state, federal, or foreign laws or regulations.
7. INDEMNIFICATION You agree to indemnify and hold harmless Caltius, its members, managers, partners, officers, directors, employees, affiliates, and agents, as well as Caltius' licensors and other third parties with which Caltius contracts, from and against any and all claims, demands, actions, costs or expenses or both, including reasonable attorney's fees, incurred by or against such persons or entities arising out of or resulting from your use of the Site, your violations of these Terms and Conditions and/or your violation of any rights of a third party.
8. APPLICABLE LAW AND JURISDICTION By visiting the Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and Caltius. Caltius may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such court.
9. USER SUBMISSIONS By entering the Site you acknowledge and agree that any communication or material you transmit to the Site or Caltius, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any materials you transmit to Caltius may be used by Caltius, anywhere, anytime, and for any reason whatsoever.
11. SEVERABILITY If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.