Access Agreement For Guests
This Access Agreement is between Semita Asset Management LLC (including any affiliates, divisions or units) (collectively, “Semita Asset Management LLC or “Semita”), and any guests or clients of Semita (“you” or “your”), and relates to certain information (“Information”) to which you will have electronic access through Semita’s World Wide Web site on the Internet (“Site”):
1. Services Provided
See section 6 below. Semita shall provide you with electronic access, through your computer or other electronic device (collectively “Computer”), to the Information, including, but not limited to, the provision of information through the Site by means of an unaffiliated Internet service provider (the “Provider”) and the ability to communicate electronically with Semita (“E-mail”). Semita may cancel or change the Information at any time upon printed or electronic notice. Your continued use of the Information following the posting or notice of any changes will constitute your acceptance of such changes. You agree not to attempt to connect to the Site, to use the Information or to view any of the Information if you do not agree to the terms of this Agreement.
2. Electronic Communication
3. Property Rights In Information And Services; Suitability And Compliance With Law
- Any Information provided through the Site is being provided by Semita only for your personal, non-commercial use and display. You may download the Information to the Computer and print out a hard copy for your personal reference, provided that you agree not to remove any copyright or other notices contained therein.
- The Information is the property of Semita or its licensors and is protected by applicable copyright, patent, trademark or other intellectual property laws. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such Information provided in any manner (including electronic, print or other media now known or hereafter developed) without the written consent of Semita. You also agree not to use the Information for any unlawful purpose, and you shall comply with any request of Semita or any of the third-party providers to protect their respective rights in the Information.
- Although the Information may include material about the investment process generally as well as research or commentary relating to specific investment strategies or securities, Semlta does not provide investment advice through the Site and does not represent that any such strategies or securities are suitable for you. In addition, you agree to make your own independent evaluation of the investment merits and suitability for you of any such strategies or securities. Such information shall not be deemed to be a solicitation of a transaction by Semita or any third-party provider. The Information contained on the Site reflects the authors’ analysis as of the published date. Other authors may have different, and possibly less favorable, analyses. The accuracy, completeness or timeliness of such Information cannot be guaranteed and is subject to change without notice. Reliance upon any Information or statement contained in the Site, or on any links from this Site to any third- party site shall be at your risk. Neither Semita, nor any affiliated entity of Semita nor any of the respective agents, employees, or information providers shall be liable to you or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, alteration, or use of any content herein, regardless of cause. Neither Semita nor any third-party provider is under an obligation to update the Information to reflect circumstances that may occur after the earlier of the date first appearing on the Site or the date contained on the Information. You also acknowledge that the Information will not be used by you as tax or legal advice.
4. Warranties And Limitation Of Liability Regarding The Information
- The accuracy, completeness, sequence or timeliness of the information cannot be guaranteed. Semita Asset Management LLC and its affiliates, agents and licensors shall not have any responsibility for direct, indirect, consequential, special, or other damages you may incur from any reliance by you on information or for the reliability, accuracy, completeness, sequence or timeliness thereof, or for any delays or errors in the transmission or delivery of any part of the information, or for any unauthorized use by you of e-mail.
- You understand that any quotations provided as part of the information may be delay and may not reflect the prices at which the quoted securities may be bought or sold. You should not make any decisions to buy or sell securities based on such quotations or on any other information accessed on or through the site. You understand that Semita does not guarantee that it will continue to make the information available to you whether by the same methods currently used or otherwise. You agree not to hold Semita liable for any damages arising from a discontinuation or modification of all or part of the information.
- Except as expressly set forth in this agreement, Semita and its affiliates, agents and licensors hereby expressly disclaim all express and implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose and error-free and uninterrupted services. Semita Asset Management LLC does not warrant, guaranty, or make any representations or warranties whatsoever, express or implied, or assume any liability to you regarding (i) the use or the results of the use of the information, including, without limitation, any financial results based upon use of the information or any delay or loss of use of the information, or (ii) system performance and effects on or damages to software and hardware in connection with any use of the site or information.
- In addition to and without limiting the foregoing, Semita shall not be liable for any harm caused by the transmission, through the information, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the availability of the information or any of your software, hardware, data or property.
- In addition to and without limiting the foregoing, Semita makes no representation and assumes no liability regarding the quality, safety, accuracy, or suitability of any information or software found on any other site not under Semita Asset management LLC’s control.
- Semita and its affiliates, agents and licensors shall not be liable for any losses or damages incurred by you related in any way to your use of the information. Except as otherwise provided by law, Semita shall have no liability for losses caused by the negligence, actions or failure to act of the provider or any third party provider, and to the extent permitted by law, neither Semita nor the provider or any third party provider shall be liable to you for any indirect, special, incidental or consequential damages (regardless of whether such damages are reasonably foreseeable), or for any loss that results from a cause over which Semita or any other such entity does not have control, including, but not limited to, failure of electronic or mechanical equipment, unauthorized access, strikes, failures of common carrier or utility systems, severe weather, or other causes commonly known as “acts of god”.
5. Your Representations And Warranties
7. Governing Law
Except for statutes of limitation applicable to claims, this Agreement and all the terms herein shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to principles of conflicts of law. By browsing or accessing this Site, you accept and agree to be bound by the laws of such jurisdiction. In the event that you do not agree to be bound by such laws, you must immediately discontinue your browsing or access to the Site. The statute of limitations applicable to any claim shall be that which would be applied by the courts of the state in which you reside. You agree that any action to enforce the Agreement shall be brought in the federal courts located in Texas.
The rescue and/or any commercial redistribution of the Information is not permitted. This Agreement and your rights and obligations hereunder may not be assigned by you without the written permission of Semita Asset Management LLC and shall inure to the benefit of Semita, its successors and assigns whether by merger, consolidation or otherwise. Semita Asset Management LLC may assign this Agreement or any of its rights or obligations under this Agreement to a company affiliated with, or any successor to an assignee of Semita to any other third party.
- This Agreement represents the complete and exclusive statement of the agreement and understanding between you and Semita Asset Management LLC, regarding our rights to access and use the Information on the Site, and supersedes all prior and contemporaneous agreements and representations regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of this Agreement shall be effective against Semita unless the same is in writing and signed by an authorized official of Semita Semita may modify these terms and conditions at any time upon written notice or electronic posting to the Site. Semita reserves the right, in its sole discretion, to deny access to any user to this Site, or any portion hereof. You agree that if you use the Information after such notification of changes in the Agreement, you will be bound to all such changes. At the time of such modification, you will have the opportunity to reject such modification, which rejection shall constitute a termination of this Agreement and of your rights to access and use the Site and Information. Should any term or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect.
- Semita Asset Management LLC’s failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on the part of Semita to exercise any power or right given to Semita in this Agreement, or a continued course of such conduct on the part of Semita shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise, all rights and remedies given to Semita in this Agreement are cumulative and not exclusive of any other rights or remedies which Semita otherwise has at law or equity.