Fremont Private Holdings Terms and Conditions of Use
This Site is provided free of charge, “as is” without express or implied warranties of any kind, and subject to all applicable laws and regulations and the following terms of use.
This Agreement was last revised on June 1, 2016
1. Terms of Use Agreement
Welcome to the Fremont Private Holdings website (the “Site”). This Site is owned and operated by Fremont Private Holdings, LLC (“Fremont Private Holdings”, “we” or “us”). By using our Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site. The term “you” refers to the user or viewer of our Site.
2. Acceptance of Agreement
You agree to the terms and conditions set forth in this Terms of Use Agreement (“Agreement”) with respect to our Site. By your use of the Site, you affirm that you are either at least 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, and obligations set forth in this Agreement. This Agreement constitutes the entire and only agreement between us and you regarding this Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest version of the Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. By using this Site after we post a revised Agreement, you agree to the terms of the revised Agreement.
3. Intellectual Property Rights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights, to which we or our licensors retain all right, title and interest. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as specifically allowed by Section 4 below, is strictly prohibited. Use of any trademark, or service mark displayed without the express written consent of Fremont Private Holdings is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver or any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties. Fremont Private Holdings reserves all rights with respect to the ownership of all articles, documents or other materials provided on this Site.
4. Limited License; Permitted Uses
Subject to the terms and conditions of this Agreement, you are granted a non-exclusive, non-transferable, revocable limited license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain and observe all copyright and other rights contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any way other than for your personal, non-commercial use; provided, however, that if you are required by a court of law or other judicial process to disclose any Contents and Materials (as defined below), you agree to notify us of the disclosure request as soon as possible with respect to the disclosure required.
5. Restrictions and Prohibitions on Use
Your limited license for access and use of the Site and any information, materials or documents therein (collectively defined as “Content and Materials”) is subject to the following restrictions and prohibitions on use: you may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), publish or republish, display, post, download, upload, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any Content and Materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resources (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site, except that we grant the operators of web search engines permission to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials; (i) use the Site for the purpose of gathering information from the Site for or transmitting (1) unsolicited commercial e-mail; (2) e-mail that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3 ) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law, including without limitation laws regulating e-mail, facsimile transmission or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. We reserve the right to terminate this Agreement with or without notice for any or no reason, or for your violation of any provision of the Agreement, and to modify or discontinue, temporarily or permanently, all or any portion of the Site or services at any time without liability to us.
6. No Links
You may not provide links or link to the Site under any circumstances without our prior written permission.
7. No Offers
Under no circumstances should any Content and Materials be used or considered as an offer or a solicitation of an offer to buy, sell, or issue any interest, securities or instruments of Fremont Private Holdings or its funds or any other issuer. Offers can be made only where lawful under applicable law and in compliance with all securities and other laws.
8. Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any of the Content and Materials appearing on the Site.
9. Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any third party content. You understand that the information and opinions in the third party content represent solely the thoughts of others and is neither endorsed by nor does it necessarily reflect our belief.
10. No Collection of Personally Identifiable Information
Our Site is designed to provide information on a “read only” basis. It does not collect personally identifiable information, install cookies, track users, or have any mechanism by which you may post content or we may harvest information about you or your browsing history, or any like information.
11. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.
12. Indemnification
You agree to indemnify, defend and hold us and affiliates, and our respective officers, directors, employees, agents, partners, representatives, attorneys, subcontractors, successors, and assigns (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
13. No Warranty
The information and content from or through the site are provided “as-is”, “as available”, with “all faults”, and all warranties, express or implied, are explicitly disclaimed (including but not limited to the disclaimer of any implied warranties of noninfringement, merchantability and fitness for a particular purpose). The Content and Materials and Site may contain bugs, errors, problems or other limitations, including computer viruses.
The negation and limitation of damages and responsibility set forth above and in the Limitation of Liability section below are fundamental elements of the basis of the bargain between us and you. This Site and the information presented would not be provided without such limitation. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.
14. Limitation of Liability
(a) Except where prohibited by law, we and any Affiliated Parties shall not be liable for any loss, cost, injury, claim, liability, or damage of any kind, including but not limited to any indirect, special, incidental, consequential or punitive damages, resulting in any way from (i) any errors in or omissions from the Site or information obtained, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) your loss of business, loss of data, loss of profits, loss of opportunities, litigation, or the like resulting from your use of the Site; (v) the Content and Materials contained on the Site, (vi) any delay or failure in performance beyond the control of an Affiliated Party, and/or (vii) any viruses or other harmful components that may infect or cause services, repairs or corrections required on your server, computer or other property on account of the access or use of this Site. This limitation applies whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. You assume total responsibility for your use of the Site. Your sole remedy against Fremont Private Holdings for dissatisfaction with the Site or any content therein is to stop using the Site or any such content.
(b) The aggregate liability of Fremont Private Holdings and any Affiliated Parties in connection with any claim arising out of or relating to the Site shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any Affiliated Parties.
15. Links to other Web Sites
The Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
16. DMCA Notices
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an agent thereof and believe that your work has been copied in any way that constitutes copyright infringement, please contact us at fphinfo@fremontgroup.com or send your questions or concerns in writing to: Fremont Private Holdings, LLC, 444 Madison Avenue, 31st Floor, New York, NY 10022 with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
17. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
18. Miscellaneous
This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 18 and Section 19. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right under this Agreement shall not constitute a waiver of such right. Our rights under this Agreement shall survive any termination of this Agreement.
19. Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.