TERMS AND CONDITIONS
Last updated: April 12, 2022
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE HCG Fund Management LP (“HCG”) website (the “Site).HCG maintains this Site as a service to its users (the “users” or “you”). It is important that all users comply with these rules. By using this Site, you are agreeing to comply with and be bound by all of these terms and conditions (the “Terms” or this “Agreement”). Please read the following Terms carefully. ANY USE OR ACCESS OF THIS SITE BY YOU IS AN UNCONDITIONAL ACCEPTANCE BY YOU OF ALL OF THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO EACH OF THE TERMS, PLEASE DO NOT USE THIS SITE. EACH TIME YOU USE SITE, THE TEXT OF THESE TERMS AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE SITE YOU SHOULD CHECK THE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP) AND REVIEW ANY CHANGES SINCE THE LAST VERSION.
1. Your Acceptance of this Agreement. This Agreement constitutes the entire agreement between us with respect to the Site. This Agreement supersedes all prior or contemporaneous agreements representations, warranties and understandings with respect to our Site, and the subject matter of this Agreement.
2. No Investment Advice Provided. The Site Content (defined in Section 3 below) is for informational purposes only. We are not, by providing the Site Content, providing any investment advice to any person. We do not recommend or endorse any securities, investments or other financial products that may be mentioned or referenced on the Site.
3. Legal Rights. The content of this Site, i.e., the text, graphics, information, data, databases, source code, and all other audible, visual, and downloadable material, as well as the selection, organization, coordination, compilation, digital conversion, overall look and feel and other matters related to or on one our Site (hereafter collectively referred to as “Site Content”) is owned by us or authorized third parties and is protected under applicable domestic and international copyright and other proprietary laws, as well as all applicable contract laws, whether such laws are now in existence or later come into existence. The use, copying, distribution, display, downloading, transmission or publication by you of any Site Content or any part of the Site, except as allowed by Section 4, is strictly prohibited and will be prosecuted to the full extent of the law. You do not acquire ownership rights of any kind to any Site Content. You agree to abide by all copyright notices, information, or restrictions contained in any Site Content accessed through the Site.
4. Limited Rights of Use. The permission granted by us to you to use, view or download any Site Content is a limited, nonexclusive license for the viewing, downloading and use of Site Content solely by you for your own lawful personal or internal use and not for reproduction, republication, modification, distribution, publication, display, transmission, assignment, sublicense, sale, lease, preparation of derivative works or other use. All other rights are reserved by us and are not part of the license to you.
You agree that any violation of this Section by you will cause us immediate and irreparable harm for which we shall be entitled automatically for temporary and permanent injunctive relief, in addition to all other available legal and equitable remedies.
5. Privacy. HCG respects your privacy.
6. Other Limitations On Use Of The Site. In using any of our Site, you also agree not to: (a) disrupt or interfere with the security of, or otherwise abuse the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web Site, (b) disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web Site, (c) upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files, (d) use or attempt to use another’s account, service or system without authorization from us, or create or use a false identity on this Site (e) transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings, or (f) attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access. You also agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
7. Changes to the Site. We reserve the right in our sole discretion to edit or delete any documents, information or other Site Content without advance notice to you. We also may change, suspend or discontinue any aspect of the Site, including any service of the Site, at any time and without advance notice, including the availability of any service feature, database, or Site Content. We also may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice to you or liability to us.
8. Indemnification. You hereby agree to fully indemnify, defend and hold harmless us and all of our officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by any of the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, including agreeing to any settlement of the claim.
9. Security. We may require users to utilize a password and/or a subscriber ID. You also may be required to give us certain registration information, all of which must be accurate and updated. In such situations, you may not (i) select or use a password or subscriber ID of another person with the intent to impersonate that person; or (ii) use a password or subscriber ID in which another person has rights without such person’s authorization. Because security is such an important issue, any failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account; and you shall be responsible for maintaining the confidentiality of your password. You agree to promptly notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password, subscriber ID or credit card information. You are responsible for all usage of the Site under your password or subscriber ID, including use of the account by any third party authorized by you to use your subscriber ID or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
10. Nontransferable Rights. Your rights to use the Site, your password and your subscriber ID (if applicable) are not transferable. Any password, subscriber ID or right given to you for use of Site Content or any service provided on the Site cannot be transferred to any person or entity. Any attempted transfer by you shall be null and void, and may be grounds for the termination of all of your rights to access and use the Site. Notwithstanding the foregoing, authorized corporate users can use the same password and subscriber ID number for each authorized user employed by the organization, provided that we are notified of the name(s) of each authorized user.
11. Illegal Activity Prohibited. Compliance with Laws; Fraud. The Site and Site services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site and its services. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate or use the password or subscriber ID of, or use the credit card any other authorized user. Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and we will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Investigation and Disclosure of Information. We have the right, but are not obligated, to monitor any activity and content associated with this Site. We may investigate any reported violation of our policies or complaints and take any action that We deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any Site Content. We reserve the right and have absolute discretion, to remove, screen or edit any Site Content that violates these provisions or is otherwise objectionable. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, and to protect our systems, business and users, we may access and disclose for such purposes any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
12. Links to Other Websites. This Site contains links to other websites. We are providing these links merely as an accommodation to our users, and we are not responsible for the content, accuracy, timeliness, activity, conduct, or opinions expressed in such linked websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. If you decide to leave our Site and access any of these third party websites, you do so at your own risk.
13. Disclaimers and Limitations of Liability. The use of the Site and the Site Content is at your own risk. When using the Site, information will be transmitted over a medium which is beyond our control and jurisdiction. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. We do not warrant or represent that (a) the Site will be compatible with your computer and related equipment or software, (b) the Site will be available at all times for use or that it will operate error free or without interruption, (c) the Site will meet your requirements, (d) the information in the site will be timely, accurate, complete, or sequential, (e) certain results may be obtained or derived through use of the Site, or (f) the use of the Site, including the browsing of it or downloading of any information, will be free of viruses, trojan horses, worms, or other destructive or disruptive components. The Site (including the Site Content) is provided on an “as is” basis. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR ANY PARTICULAR PURPOSE. We and our licensors and suppliers make NO representations or warranties The accuracy, reliability, completeness, or timeliness of the Site Content, software, text, graphics, links, or communications provided on or through the use of the Site.
In no event shall we or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not WE ARE advised of the possibility of such damages. In the event that the foregoing limitation of liability is deemed to be unenforceable, we shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. You agree that we shall not be liable for any personal injury, including death, caused by your use or misuse of the Site Content or the Site. Your remedies under these Terms are exclusive and are limited to those expressly provided for herein.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Termination. We may terminate or suspend your access to or use of all or part of the Site at any time for any reason, with or without cause. You are responsible for all charges incurred up to the time the account is deactivated.
15. Miscellaneous. (a) This Agreement shall be treated as though it were executed and performed in the New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). (b) Any cause of action by you with respect to the Site or any Site Content or Site services must be instituted within six (6) months after the cause of action arose or shall be forever waived and barred. All actions shall be subject to the limitations set forth in Section 12 and as otherwise identified in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All actions shall be brought in the appropriate state or federal court located in New York, New York. you expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. (c) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect, and a court of competent jurisdiction shall have the right to reform the invalid or unlawful portions of this Agreement to make them valid and enforceable. (d) To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. (e) Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. (f) We are not your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for our sole and exclusive benefit. (g) Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.