Terms & Conditions of Use
This page states the Terms and Conditions under which you may use the website operated by FortyOne Asset Management (The Company). Please read these Terms and Conditions of Use for the Company’s website (the “Terms and Conditions”) carefully. Any use of the Company’s website will constitute your acceptance of these Terms and Conditions. If you do not accept the Terms and Conditions stated here, please refrain from using the Company’s website. The Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
Section 1. Use of Material.
The Company authorizes you to view and download a single copy of the material on its website solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided from time to time on its website as set forth in Section 6 of these Terms and Conditions. Any other special rules may be also listed on the Legal Notices page of the Company’s website and are incorporated into these Terms and Conditions by this reference.
The contents of the Company’s website, such as text, graphics, photographs, images and other material (“Material”) are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any public or commercial purpose.
If you violate any of these Terms and Conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Company’s Liability.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness or timeliness of the Material or about the results to be obtained from using its website or any Material. Use of the Company’s website or the Material is at your own risk. Changes are periodically made to the Company’s website and may be made at any time.
The company does not warrant that its website will operate error-free or that this website and its servers are free of computer viruses or other harmful content. If your use of company’s website, the material or the software results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.
The company’s website, material and software are provided on an “as is” basis without any warranties of any kind.
The company, its affiliates and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose. The company, its affiliates and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, photographs or links contained in the company’s website.
Section 3. Disclaimer of Consequential Damages.
In no event shall the company, its affiliates, its suppliers, or any third parties mentioned in company’s website be liable for any damages whatsoever (including without limitation incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use company’s website, the material and the software, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages.
Section 4. User Submissions.
Generally, any communication that you post to the Company’s website is considered to be non-confidential. If particular web pages permit the submission of communications which will be treated by the Company as confidential, that fact will be stated in the Company’s Privacy Policy. By posting communications to the Company’s website, you automatically grant the Company a royalty-free, perpetual, irrevocable nonexclusive worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do any of the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; post any sexually-explicit images; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of the communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to its web site for violating these Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive.
Section 5. Links to Other Web Sites.
The Company’s website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.
Section 6. Software Licenses.
All software that is made available for downloading from the Company’s website (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated legal notices accompanying such software (“License Agreement”). The downloading and use of such software is conditioned on your agreement to be bound by the terms of such License Agreement.
Section 7. Indemnity.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, managers, members, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the Terms and Conditions. The Company shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 8. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any Material (including Software) to countries or persons prohibited under the export control laws. By downloading any Material (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of any Material (including Software).
Section 9. User Information.
Subject to the Company’s Privacy Policy, the Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of its website, for its internal business and marketing purposes and may disclose the information to its affiliates and other third parties for such purposes.
Section 10. General.
The Company’s website is based in Naples, FL. The Company makes no claims the Material (including Software) are appropriate or may be downloaded outside of the United States. Access to the Material (including Software) may not be legal by certain persons or in certain countries. If you access the Company’s website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in the Company’s Privacy Policy, Legal Notices or Software License or material on particular web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of the Company’s website.