The use of and access to this website (“Website”) is governed by these Terms of Use. Use of the Website constitutes an agreement by you, the user, that your use is governed by these Terms of Use. We may update or otherwise amend these Terms of Use at any time in our sole discretion. Your continued use of the Website after any such modifications shall constitute your acceptance of such updated or otherwise amended Terms of Use.
Please read these Terms of Use carefully before you start to use the Website. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF USE FOR ANY REASON, DO NOT ACCESS OR USE THE WEBSITE.
Ownership
The works of authorship contained in this Website, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by JW Levin Management Partners LLC (“JWLMP”) or its affiliates or licensors, and shall remain the property of JWLMP or its licensors. You acknowledge that the Website and its contents are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.
You may not copy, reproduce, modify, use, republish, post, upload, distribute or transmit in any way material from this Website, without JWLMP’s express written consent. You shall comply with all intellectual property laws and treaty provisions and you shall not encumber any interest in, or assert any rights to, the content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any content, in whole or in part.
“JW Levin Management Partners LLC” and all other trademarks, logos and service marks displayed on the Website are trademarks belonging to JWLMP, its affiliated entities, or its licensors. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos or service marks displayed on the Website without JWLMP’s prior written permission in each instance.
Disclaimer; No Warranties; Limitation of Liability
JWLMP does not warrant or guarantee, either expressly or by implication, that any material or information (including opinions) on the Website is accurate, complete, reliable, or current. JWLMP is not responsible for any errors or omissions on the Website, whether caused by the source of the information or JWLMP. The information and opinions contained in this Website are provided by JWLMP for personal use and informational purposes only. You are solely liable for any use you may make of this information. The information is inherently subject to change without notice and may become outdated.
You, therefore, should verify any information obtained from this Website before you use it. JWLMP may change any material or information on the Website at any time without prior notice, but JWLMP does not make any commitment to update or remove material or information on the Website. Your use of this Website and use or reliance upon any of the materials on it are solely at your own risk.
WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET FORTH IN THIS AGREEMENT, THE WEBSITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE BY JWLMP “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. JWLMP MAKES NO WARRANTY THAT THE WEBSITE OR ANY WEBSITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JWLMP ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, OR CONTENTS FROM OR TO THE WEBSITE.
JWLMP ASSUMES NO LIABILITY FOR LOSS OR DAMAGE HOWSOEVER RESULTING FROM ANY USE OF OR RELIANCE UPON THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL JWLMP OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY LOSSES, EXPENSES, LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO ACCESS TO OR USE OF THE WEBSITE, LINKING TO OTHER SITES FROM THE WEBSITE, RELIANCE ON ANY INFORMATION CONTAINED ON THE WEBSITE, OR THE INABILITY TO USE THE WEBSITE, EVEN IF JWLMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
This Website is operated and controlled by JWLMP in the United States. JWLMP makes no warranties that materials on this Website are appropriate or available for use outside of the United States. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. You are responsible for compliance with all local laws and regulations applicable to your use of the Website.
Restrictions on Use
You agree not to interrupt, damage, disable, overburden or impair the Website or interfere with any other user’s use and enjoyment of the Website, such as sending mass unsolicited messages or “flooding” servers with requests. You agree not to violate or attempt to violate the security of the Website, including, without limitation, by (1) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (3) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. JWLMP will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. JWLMP will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
No Offer or Advice
This Website is primarily designed to provide information on the activities of JWLMP. The information provided on this Website is not intended to recommend any company or investment described herein and is not an offer or sale of any security or investment product or investment advice. These businesses are listed to illustrate certain businesses where JWLMP investment professionals were previously employed or engaged. It should not be assumed that any current or future investments made by JWLMP will be profitable or attain growth or performance equal to those of the businesses provided on the Website. Investments to be made by JWLMP going forward may differ substantially depending upon market conditions and opportunities. The value of investments may fall or rise. Representative investments are not to be considered a complete list of all investments made or held by JWLMP.
JWLMP provides investment advisory services only to the privately offered JWLMP funds. JWLMP does not solicit or make its services available to the public or other advisory clients. You should not rely on any information or opinions contained in this Website in making an investment or other decision but should obtain relevant and specific professional advice. Nothing contained on this Website constitutes or should be construed to constitute investment, legal, tax or other advice.
Certain information on the Website has been obtained from third-party sources, which information, although believed to be accurate, has not been independently verified. JWLMP assumes no liability for errors and omissions in the information contained on the Website.
Certain information contained on the Website constitutes "forward-looking statements" which are based on JWLMP’s beliefs, as well as assumptions concerning future events, based on information currently available to JWLMP. Investors are cautioned not to put undue reliance on such forward-looking statements, which are not a guarantee of future performance, and are subject to uncertainties and other factors which could cause actual results to differ materially from such statements. The information provided on the Website will not be updated or otherwise revised to reflect information that subsequently becomes available.
Links
The Website may include links to other websites (the “Linked Websites”). The Linked Websites are for your convenience only, and you access them at your own risk. JWLMP takes no responsibility for the content in the Linked Websites, regardless of whether the link is provided by JWLMP or a third party and whether or not JWLMP is affiliated with sponsors of the Linked Websites. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any of the Linked Websites, including information on a Linked Websites regarding JWLMP. By providing access to the Linked Websites, JWLMP is not endorsing the products and services provided by any website’s sponsoring organization.
Other websites may include a link to this Website provided that JWLMP has granted its express written consent. Third parties are expressly prohibited from framing JWLMP’s content in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation including, without limitation, hyperlinks or a form of link that disguises the URL and bypasses the homepage.
Internet Security
JWLMP does not guarantee that material on the Website or the Linked Websites will be free from infection, viruses or worms or other code which may have contaminating or destructive properties. You are fully responsible for ensuring protective steps are taken such as virus checking. You should be aware that the Internet, being an open network, is not secure. If you choose to send any electronic communications to JWLMP, you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
Submitted Materials
Unless specifically requested, we do not solicit, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Website, by e-mail, through the “Contact Us” feature, or in any other way. Any information, proposals, requests, creative works, pictures, documents, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent on or through the Website in any manner (collectively, “Submissions”) will be deemed not to be confidential or secret and may be used by us in any manner consistent with this agreement and our privacy policy. By submitting Submissions on the Website, you: (1) represent and warrant that you have the necessary licenses, rights, consents and permissions to use such Submissions and submit them to the Website; and (2) you grant us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use such material (in whole or part) in any manner and/or to incorporate it (in whole or in part) in other works (including, without limitation, the Website), products or services in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to the Website, and we may delete or destroy any such Submitted Material at any time.
Privacy Statement
JWLMP is committed to protecting your privacy online. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at the Website.
When you visit the Website, we may collect personally identifiable information, including name, address and email address. We also may collect certain non-personally identifiable information when you visit many of our pages, such as the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider. We also may collect certain information about you using “cookies”, which are small pieces of information that are stored by your browser on your computer’s hard drive. We collect, retain and use information about you solely to better understanding our users and their use of the Website. JWLMP will not release personally identifiable information collected about you unless we receive your prior consent or we are required by law to release such information.
We may use the non-personally identifiable information that we collect to improve the design and content of the Website and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage. Information collected through the Website may be transferred to third parties in order to carry out the purpose of your submission. By submitting information through the Website, you consent to such transfer of information to these third parties .
General Terms and Conditions
These Terms of Use are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. If you take legal action relating to these terms, you agree to file such action only in the state and federal courts located in Manhattan Borough, New York City in the State of New York. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. You are prohibited from any use of the Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by JWLMP. The Website may contain additional agreements and disclosures in electronic form. By assenting to this Agreement, you agree that a printed version of these Terms of Use and all other agreements entered into by you on the Website in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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