These terms and conditions of use (these “Terms of Use” or “Terms”) apply to your use of our website located at www.alturacap.com (the “Site”). These Terms are subject to change by ALTURA MANAGEMENT COMPANY, LLC and its affiliates (collectively, “ALTURA CAPITAL” “us”, “we,” or “our”) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated” date referenced above. You should review these Terms prior to your use of this Site. Your continued use of this Site after the Last Updated date will constitute your acceptance of and agreement to such changes.
THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
Ownership of Content
The Site and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of ALTURA CAPITAL and are protected by U.S. and intellectual property laws, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Site are proprietary to ALTURA CAPITAL, including all registered and unregistered trademarks and service marks of ALTURA CAPITAL. If the Site includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by ALTURA CAPITAL or any third party, without ALTURA CAPITAL’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of ALTURA CAPITAL’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of ALTURA CAPITAL.
Limited License
ALTURA CAPITAL grants you a limited license to access and make use of this Site and its Content. Nothing contained in this Agreement will be construed to grant either party any right or license with respect to any intellectual property of the other. For your personal use only, you may print copies of the information from this Site and store it on your own computer. You may not download or modify this Site, or any portion of it, except with the prior express written consent of ALTURA CAPITAL. This license does not include: any resale or commercial use of this Site or its Contents; any derivative use of this Site or its Contents; or any use of data mining, robots or similar data gathering and extraction tools. As a condition to your use of the Site, you represent and warrant to, and agree with, ALTURA CAPITAL that you will not use the Site or its Content for any purpose that is unlawful or prohibited by these Terms of Use. Any unauthorized use terminates the permission or license granted by ALTURA CAPITAL. ALTURA CAPITAL reserves all other rights.
Accounts
Access to certain features on the Site may require you to be registered with us via a ALTURA CAPITAL-generated registration form. This form will require you to provide certain requested information, including personal information. Upon successful completion of this form, you will be provided with an account and login information including a username and password to successfully complete the registration process. You are the only person authorized to access and use your account. For more information about our collection of personal information about you in connection with account registration on the Site, please review our Privacy Notice.
You must immediately notify us if your registration information changes, or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
The Site may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access the Site. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to ALTURA CAPITAL or the Site resulting from unauthorized access to the Site from your account and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use.
Privacy
We collect, store, and use personal information collected from you in accordance with our Privacy Notice.
Third Party Sites/Links
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
Disclaimer
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ALTURA CAPITAL NOR ANY PERSON ASSOCIATED WITH ALTURA CAPITAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER ALTURA CAPITAL NOR ANYONE ASSOCIATED WITH ALTURA CAPITAL REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ALTURA CAPITAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ALTURA CAPITAL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN THE EVENT THE ABOVE IS UNENFORCEABLE, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR THE USE OF ANY OR ALL PARTS OF THE SITE OR ITS CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00 USD).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Equitable Relief
The parties acknowledge that in the event of breach of this Agreement by Recipient of any obligations in respect of the Information, ALTURA CAPITAL will be irreparably and immediately harmed and unable to be made whole by monetary damages. Recipient therefore agrees that, in addition to any legal or equitable remedies to which ALTURA CAPITAL may be entitled, ALTURA CAPITAL will be entitled to seek a restraining order, injunction, or other appropriate equitable relief to remedy any breach of this Agreement and/or to compel specific performance of this Agreement. Recipient agrees to reimburse ALTURA CAPITAL for all costs incurred in connection with ALTURA CAPITAL’s attempt to enforce the obligations of Recipient or its representatives hereunder. Recipient agrees to promptly: (i) notify ALTURA CAPITAL of any breach of this Agreement of which it becomes aware and, (ii) provide ALTURA CAPITAL with all information known to Recipient regarding such breach.
Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless ALTURA CAPITAL, its parents, subsidiaries and affiliates, and their officers, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use, your use of the Site or any product or service related thereto, or any of your other acts or omissions.
Governing Law/Jurisdiction
The validity, interpretation and effect of this Agreement will be governed by and construed under the laws of the State of Delaware without regard to conflicts of law principles. Each party hereby consents and submits to the jurisdiction and venue of the State and Federal Courts, situated in Delaware for adjudicating any issue with respect to this Agreement, including without limitation, its validity, interpretation and effect.
Assignment
This Agreement may not be assigned by the Recipient without ALTURA CAPITAL’s prior written consent. ALTURA CAPITAL has the right to freely assign this Agreement.
Survival
Certain provisions contained herein will, by their nature, survive a termination of this Agreement. Expiration or termination of this Agreement will be without prejudice to any rights and liabilities accrued prior to such expiration or termination, including those rights and liabilities in respect of any breach of this Agreement.
Additional Terms
Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
No Violation of Applicable Law
Recipient will adhere to the US Export Administration Laws and Regulations and will not export or re-export any technical data or products received from ALTURA CAPITAL or the direct products of such technical data to any proscribed country listed in the US Export Administration Regulations unless properly authorized by the US Government.