Disclaimer. This information provided through this Site is for informational purposes only. Nothing on this Site is an offer, invitation or recommendation to purchase, sell, subscribe or hold any security, fund or investment. Any investments referred to on this Site are included as representative investments only and are not necessarily reflective of the overall investment performance of CriticalPoint.
License. CriticalPoint grants you the non-exclusive permission to view this Site provided that you agree to and accept without modification the notices, and terms and conditions set forth in this Agreement.
Access to the Site. CriticalPoint has the right to monitor and control access, hours of use, features on the Site and any other information found on the Site. CriticalPoint reserves the right to change, suspend, or discontinue all or any part of this Site at any time in its sole discretion to any person or user without prior notice or liability. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You are solely responsible for providing the equipment related to accessing the Site, including all computer, remote communications equipment, telephone or other equipment.
Intellectual Property. This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is owned by and the property of CriticalPoint, or various third party content providers as applicable, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of CriticalPoint or such third party that may own the trademark or copyright of Content displayed on this Site. The Site and its Content shall not be used for any purpose except as provided by this Agreement. You agree that your use of this Site will not infringe the rights of third parties including copyright, trademark, patent, privacy or other personal or proprietary rights.
Feedback. Any information or comments you submit to CriticalPoint concerning this Site is the property of CriticalPoint.
Disclaimer of Warranties. You acknowledge and agree that this Site is provided on an “as is” and “as available” basis. CriticalPoint does not guarantee (i) the accuracy, completeness, performance, security, timeliness, reliability, suitability or usefulness of any portion of the Site or, (ii) any information, advice, or services, provided through or in connection with our Site, as well as for any information or advice received through any links to other websites or resources provided through our Site or, (iii) the Site will be error free or uninterrupted or, (iv) any material or data obtained through the use of our Site or, (v) dealings with or as the result of the presence of third parties on or located through our Site, as applicable.
You expressly agree that the entire risk in connection with your use of the Site is assumed solely by you. CriticalPoint shall not have any liability or responsibility for your action or inaction in connection with this Site or for any damage to your computer or data or any other damage you may occur in connection with this Site. To the fullest extent permitted by applicable law, CriticalPoint specifically disclaims any and all, representations, endorsements, guarantees, and warranties, whether express or implied or statutory, concerning this Agreement or otherwise regarding this Site and its Content, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement of third party rights. Any rights which cannot be disclaimed by law will be limited to the full extent permitted by such law.
Limitation of Liability. Under no circumstances will CriticalPoint be liable for any loss or damage caused by your reliance on information obtained through this Site. Except to the extent contrary to applicable law, in no event will CriticalPoint be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to this Agreement, the Site or your use of the Site however arising, whether based on warranty, contract, tort, or any other legal theory, even if advised of the possibility of any such damages. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law. If prohibited by applicable law, CriticalPoint’s liability is limited to the fullest extent allowed by law. Your sole remedy for dissatisfaction with this Site and its Content is to stop using the Site.
You agree that regardless of any statute or law to the contrary, any claim or action arising out of or relating to this Agreement or the Site or regarding your use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Response to Online Requests. From time to time, CriticalPoint may offer to provide information or materials via electronic mail or otherwise to interested persons. CriticalPoint reserves the right, in its sole discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.
Links to Other Sites. This Site may contain links to third party sites, including third party sites, as applicable. Such linked sites are not under the control of CriticalPoint and CriticalPoint is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by CriticalPoint of the Site or its Content. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. You do not have a license to use the intellectual property of third parties merely by way of your access to our Site.
Privacy Statement. CriticalPoint’s Privacy Statement is incorporated into this Agreement to inform users of this Site of CriticalPoint’s policies and practices regarding such information.
Prohibited Conduct. You agree that you will not use the Site to: (1) Harvest information about other users; (2) Transmit, install, upload or otherwise transfer any virus or other item or process to the Site that in any way affects the use, enjoyment or service of the Site or other medium used to access the Site; (3) Post any material on the Site that is offensive to any other person and CriticalPoint maintains the exclusive right to determine what is offensive; (4) Post or store on the site any content that violates or infringes the intellectual property or other rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, privacy and publicity rights); (5) Modify the information on the Site; (6) Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication; (7) Engage in any action which CriticalPoint determines is detrimental to the use and enjoyment of the Site; (8) Use the site for any unlawful or defamatory means; or (9) Transmit, install, upload, post or otherwise transfer any information in violation of any local, state, national or international law or post any information that could result in civil unrest.
Compliance. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with the export control laws of the United States (“U.S.”) and your local jurisdiction. You also represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
CriticalPoint makes no representation that the Site or its Content are appropriate or available for use in any particular jurisdiction. You are prohibited from any use of the Site that is illegal, gives rise to liability or otherwise violates any applicable local, state, national or international law or regulation or the terms of this Agreement. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
Security. You are prohibited from violating or attempting to violate the security of the Site and its Content. CriticalPoint will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Nothing contained in this Agreement is in derogation of CriticalPoint’s right to comply with law enforcement requests.
Indemnification. To the greatest extent permitted by law, you shall indemnify, defend and hold harmless CriticalPoint and its owners, affiliates and employees for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or your alleged or actual violation of this Agreement.
Assignment. This Agreement is not assignable, transferable, or sublicensable by you, but may be assigned or transferred by CriticalPoint to our corporate parent or any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of CriticalPoint’s assets, or similar transaction.
No Joint Venture. You agree that no joint venture, partnership, or agency exists between you and CriticalPoint as a result of this Agreement or your use of this Site.
Force Majeure. In no event shall CriticalPoint have any obligation or liability in connection with an event beyond its reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, pandemics, strikes or other labor problems, wars, terrorist activities or governmental restrictions.
Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, except with regard to its conflicts or choice of law rules. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Los Angeles, California, USA in all disputes arising out of, relating to, or in any manner concerning this Site and/or this Agreement. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.
Entire Agreement and Waiver. All rights not expressly granted herein are reserved by CriticalPoint. This Agreement contains the entire agreement concerning your use of this Site and its subject matter and supersedes all existing agreements between CriticalPoint and you concerning the Site, whether oral or written. Neither the course or conduct between CriticalPoint and you nor trade practice shall act to modify any provision of this Agreement. No modification of this Agreement shall be effective unless it is authored by an authorized representative of CriticalPoint. Any alleged waiver by CriticalPoint of any breach of this agreement by you shall not be deemed to be a waiver of any future breach.
Notice/Contact. Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by courier to CriticalPoint Partners LLC, Attn: Legal Department, 1230 Rosecrans Avenue, Suite 170, Manhattan Beach, CA 90266-9433 USA or by email to firstname.lastname@example.org. If you have any questions about CriticalPoint or this Agreement, please write us at the address listed in this paragraph or send us an e-mail at email@example.com.
This document is effective on September 3, 2020 (“Effective Date”).
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