TERMS OF USE AND LEGAL INFORMATION 

 

As used herein, the terms “you” and “user” shall mean any visitor to this site (this “Website”).

 

By accessing this Website, you signify your agreement with, and understanding of, the following terms of use and legal information (“Terms”) pertaining to both this Website and any material on it.  This Website is offered to you conditioned on your acceptance without modification of the Terms contained herein.  Your use of this Website constitutes your agreement to all such Terms.

 

White Elm Capital, LLC (“White Elm”) reserves the right to change the opinions and any other content, including the Terms under which this Website is offered, without prior notice at any time.  You should review the most current version of this document by visiting this Website and clicking on the Terms of Use hyperlink located at the bottom of the page.  This Website and your access to it can be terminated at any time, with or without notice and for any reason.

 

Restrictions on Use and No Offer
The materials and information on this Website are for information purposes only and should not be used or considered as, and do not constitute, an offer to sell or the solicitation of any offer to buy any securities or financial instruments or to provide any investment service or investment advice in any jurisdiction.

 

White Elm provides no advice or recommendations with respect to the use of this Website, nor do the contents of this Website constitute legal, tax or accounting advice or advice regarding the suitability or profitability of any transaction or investment.

 

Ownership of Site and Copyright
White Elm owns and maintains this Website.  This Website and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of White Elm or its licensors (“Materials”) accessible via this Website is and shall remain the exclusive property of White Elm and its licensors, as the case may be.  All rights to this Website remain with White Elm or its licensors.  This Website and its Materials may only be used for your personal education and non-commercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use by electronic or any other means any Materials obtained from this site without White Elm’s prior written consent.

 

Trademarks
White Elm and other marks and company names indicated on this Website are service marks of White Elm. Nothing on this Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any photograph, image, trademark, logo or service mark on this Website.  As with the Materials (described above), such trademarks, logos and/or service marks and company names may not be modified, reproduced, distributed, published, displayed, licensed, transferred, sold or otherwise used by electronic or any other means without the prior written consent of White Elm.  All other trademarks, service marks and company names and logos appearing on this Website are the property of their respective owners.

 

Unauthorized Access
This Website is not absolutely protected against unauthorized third parties.  You acknowledge that any information provided through the internet may be potentially accessed by unauthorized third parties.  Although White Elm will make reasonable efforts to protect the privacy of users of this site, no guarantee can be made that unauthorized third parties will not access the information contained on this Website.  You acknowledge that White Elm is not responsible for notifying you that unauthorized third parties have gained such access or that any data has been otherwise compromised during transmission across computer networks or telecommunications facilities, including, but not limited to, the internet.

 

Non-United States Visitors
Given the global nature of the internet, this Website may be accessed by visitors residing outside of the United States.  White Elm makes no representations or warranties that this Website is appropriate or available for use in countries outside of the United States, or that services discussed on this Website are available or appropriate for sale or use in all jurisdictions, or by all counterparties.  Visitors who choose to access this Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.  You may not use or export the information or materials in violation of U.S. export laws and regulations.  The information provided in or accessible through this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject White Elm and/or its affiliates to any registration or other requirement within such jurisdiction or country.

 

Passwords and Security
Certain areas of this Website are password protected and are limited exclusively to the person to whom a username and password has been issued.  You are responsible for the confidentiality and use of your password.  Your password is an important means of protection for you.  You agree to contact us immediately if you believe that an unauthorized person has obtained access to your password.

 

Consult Entirety of Materials
All Materials on this Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices.  Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

 

Third-Party Information
Certain information contained on this Website may be prepared by third parties.  White Elm does not endorse or recommend the information provided by such third parties.  You understand that White Elm has no control over such information, and therefore is not responsible for the content of any such information.  White Elm shall not be liable for any damage or loss caused by or in connection with the use of or reliance upon any such information.

 

Links to Third-Party Sites
White Elm has not reviewed unaffiliated sites to which this Website is linked, and is not responsible for the content of off-site pages or any other site linked or linking to the site.  Your linking to any off-site pages or other sites is at your own risk.  White Elm makes no representations whatsoever about the opinions of any third party appearing on a linked site, neither regularly monitors nor has control over the contents of such sites, and does not endorse, and disclaims all responsibility for, the content of such statements or web sites.

 

Privacy Policy
White Elm is committed to preserving the privacy of all individually identifiable and proprietary information about authorized users of this Website. During your use of this Website, White Elm may, itself or through a third party vendor, passively collect technical and usage data from you pertaining to your computer and/or internet connection (“Data”). Such Data may include the number and frequency of your visits to this Website, information regarding websites accessed immediately before and after your visit to this Website, your Internet browser type and IP address. This technical and usage Data may be collected using “cookies”, which are small text files that are stored on your computer that retain your information and preferences relative to your activities on a website, or other similar means. You can change your privacy preferences regarding the use of cookies and other technologies through your browser, including blocking all cookies; however blocking all cookies may affect your use of our Website and other websites and services online, and may prevent you from using all the features and elements of our Website and other websites and services.

 

This policy does not apply to information White Elm collects offline, through email, or through other sites, including sites that we link to. This policy also may not apply to the practices of all other White Elm subsidiaries or other affiliates. For example, this policy does not apply to customers or consumers of White Elm financial services or products with respect to your use of such financial services or products.

 

White Elm may also collect and store Data voluntarily provided by you while visiting this Website. User-provided Data may include client login data, contact information, information related to the business you represent, information related to the financial information services you have requested. In each such instance, you will know what Data we collect through the Website, because you actively submit it to us. Unless you also actively submit personal information, such as your name or address, passively tracked Data does not typically allow us to identify you personally.

 

White Elm may disclose your Data with your consent, or as required or authorized by law or regulation.

 

If you have any questions about this policy please contact compliance@whiteelmcap.com.

 

Disclaimer of Warranties
This Website and all Materials are provided “as is,” “as available” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law.  Without limitation, White Elm does not warrant the accuracy, adequacy, completeness, reliability, timeliness or availability of this Website or any information on this Website, and expressly disclaims liability for errors or omissions on this Website.  There is no warranty of merchantibility, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with this Website.  Any contents on this Website are subject to change without notice.  The Materials published on this Website may include inaccuracies or typographical errors.  White Elm further assumes no responsibility for, and makes no warranties that, functions contained at this Website will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components.  In addition, White Elm makes no representation about the suitability of the Materials for any purpose.  You (and not White Elm) assume the entire cost and risk of using this Website and the Materials.  Please note that applicable law may not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.

 

Limitation of Liability
In no event will White Elm be liable for any damages, or for repairs or corrections that must be performed, to or on your computer, person or other property, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or use thereof or the inability by any party to use such site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if White Elm, or representatives thereof, are advised of the possibility of such damages, losses or expenses.  Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by applicable law.
If you are dissatisfied with any portion of this Website, or with any of these Terms, your sole and exclusive remedy is to discontinue using this Website.

 

Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to any conflicts of laws provisions that would mandate the applicable of the law of another jurisdiction.

 

Severability
If a court of competent jurisdiction deems any provision of these Terms unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

 

ANY INFORMATION YOU RECEIVE FROM WHITE ELM IS BELIEVED TO BE ACCURATE.  NEVERTHELESS, NEITHER WHITE ELM NOR ITS AGENTS ARE LIABLE FOR ANY DEFICIENCIES IN THE ACCURACY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF SUCH INFORMATION.  THE INFORMATION PROVIDED ON THIS WEBSITE DOES NOT NECESSARILY REFLECT THE MOST UP TO DATE OR CURRENT INFORMATION AVAILABLE.  THE INFORMATION AND OPINIONS EXPRESSED HEREIN IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND.  ANY PROJECTIONS, OUTLOOKS OR ASSUMPTIONS SHOULD NOT BE CONSTRUED TO BE INDICATIVE OF THE ACTUAL EVENTS WHICH WILL OCCUR.  ANY PROJECTIONS, MARKET OUTLOOKS OR ESTIMATES IN THIS DOCUMENT ARE FORWARD LOOKING STATEMENTS AND ARE BASED UPON CERTAIN ASSUMPTIONS.  OTHER EVENTS WHICH WERE NOT TAKEN INTO ACCOUNT MAY OCCUR AND MAY SIGNIFICANTLY AFFECT SUCH OUTLOOKS OR ESTIMATES.

 

These Terms are effective as of January 20, 2016.