Terms of Use
By entering the website located at www.owslp.com and all Content and Services available therein (the “Site”) you acknowledge your agreement with and understanding of the following Terms of Use pertaining to this website including all material on it. This Site may contain various information in the form of data, text, graphics, news, reports and other materials relating to OWS as well as third-party content, (collectively, the “Content”). By accessing, browsing and/or using this Site and any services that may be made available through the Site (the “Services”) you acknowledge that you have read, understood and agree to be legally bound by this Agreement. One William Street Capital Management, L.P. (“OWS” or “We”) reserves the right to amend these Terms of Use (“Agreement”) at any time without notice. Accordingly, please continue to review this Agreement whenever accessing or using this website. Use of this website after the posting of modifications to these terms of service will constitute your acceptance of these terms as modified. If you do not agree with the terms and conditions of this Agreement, you are not granted permission to access or otherwise use this Site.
Use Restrictions
You are expressly prohibited from (i) using any robot, spider, other automatic device, or manual process to monitor, “mine” or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, and (iii) taking any action that imposes an unreasonable or disproportionately large load on OWS’s infrastructure.
Intellectual Property Rights in the Site
You acknowledge that the Site and the Content contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of OWS or its licensors. You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
Trademarks
“One William Street Capital Management, L.P.”, “OWS” and all other trademarks, logos and services marks displayed on the Site are trademarks belonging to OWS, its affiliated entities, or its licensors (collectively the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without OWS’s prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to benefit of OWS, its affiliated entities, or its licensors, as the case may be.
Linking and Framing
OWS prohibits the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by OWS in writing. You may not frame any elements of the Site with any other website. The Site may periodically provide links to third party websites. These Terms of Use govern only the Site and not any such third party websites. OWS’s decision to link to a third party website is not an endorsement of the content or services in that linked third party website. If you decide to access linked third party websites, you do so at your own risk. You should direct any concerns regarding any third party websites to the administrator of the applicable third party website.
Disclaimer of Warranty
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OWS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. OWS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. OWS DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
No Offers or Reliance
THE INFORMATION ON THIS SITE IS NOT AN OFFER TO SELL OR SOLICITATION OF AN OFFER TO BUY AN INTEREST IN ANY FUND MANAGED BY OWS OR FOR THE PROVISION OF ANY INVESTMENT MANAGEMENT OR ADVISORY SERVICES. ANY SUCH OFFER OR SOLICITATION WILL BE MADE ONLY BY MEANS OF A CONFIDENTIAL PRIVATE OFFERING MEMORANDUM RELATING TO A PARTICULAR FUND OR INVESTMENT MANAGEMENT CONTRACT AND ONLY IN THOSE JURISDICTIONS WHERE PERMITTED BY LAW. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL OWS, OR ANY OF ITS AFFILIATED ENTITIES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “OWS PARTIES”), BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE AND THE INFORMATION OBTAINED THROUGH THE SITE. IN NO EVENT SHALL ANY OF THE OWS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
Indemnification
You shall indemnify and hold harmless the OWS Parties for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, or any violation of this Agreement.
Use of Personally Identifiable Information
Registration on the Site and/or Your use of the Site, may involve the transmission of your personally identifiable information (“Personal Data”) to OWS. OWS’s policies with respect to the collection and use of Personal Data can be found in OWS’s Privacy Policy, which may be found here.
Termination
OWS reserves the right, in its sole discretion, to restrict, suspend or terminate these Terms of Use and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. OWS reserves the right to change, suspend or discontinue all or any part of the Site at any time without prior notice or liability.
Unauthorized Access
This Site is not absolutely protected against unauthorized third parties and as such you acknowledge that ay information provided through the internet may be potentially accessed by unauthorized third parties. You acknowledge that, except as provided for in OWS’s Privacy Policy, OWS is not responsible for notifying you that unauthorized third parties have gained access or that any data has been otherwise compromised during transmission across computer networks or the internet.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. OWS reserves the right to view, monitor and record activity on the Site without notice or permission from you and such information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. OWS will also comply with all court orders, as well as all law enforcement and regulatory inquiries involving requests for such information.
Forward-Looking Statements
Certain information contained in this communication constitute “forward-looking statements” which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “project,” “estimate,” “intend,” “could,” “believe,” or the negatives thereof or other variations thereon or comparable terminology. Due to market risk and uncertainties, actual events or results, or the actual performance of the Fund may differ materially from those reflected or contemplated in such forward-looking statements. Additionally, note that the global economy and governmental reaction thereto are currently volatile and unpredictable, and could lead to material adverse changes to any sector.
Miscellaneous
In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. The sections of these Terms of Use entitled Disclaimers and Limitation of Liability, Indemnification and Miscellaneous shall survive the termination of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, except with regard to its conflicts or choice of law rules. These Terms of Use contain the entire agreement between OWS and you concerning the Site and supersedes all existing agreements and all other oral, written or other communication between OWS and you concerning the Site. You shall comply with all laws, rules and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you shall comply with such restrictions and not export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by OWS.