Terms and Conditions of Use


PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT WWW.WSDCAPITAL.COM (THE “WEBSITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THE WEBSITE.

WSD CAPITAL MANAGEMENT, L.P. (THE “FIRM”) RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. THE FIRM SUGGESTS THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING THE WEBSITE AFTER THE FIRM HAS POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS MODIFIED.

Disclaimer

Nothing contained on the Website constitutes tax, accounting, regulatory, legal, insurance or investment advice. Neither the information, nor any opinion, contained on the Website constitutes a solicitation or offer by the Firm or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on the Website are the sole responsibility of the visitor. In exchange for using the Website, the visitor agrees to indemnify and hold the Firm, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Website, from your violation of these Terms or from any decisions that the visitor makes based on such information.

The investments and strategies discussed on the Website may not be suitable for all investors and are not obligations of the Firm or its affiliates or guaranteed by the Firm or its affiliates. The Firm makes no representations that the contents are appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on the Website are available or appropriate for sale or use in all jurisdictions or countries, or by all investors or counterparties. By making available information on the Website, the Firm does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities accessing the Website do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

All investments involve risk and may lose value. The value of your investment can go down depending upon market conditions. Fixed income investments are subject to risk including interest rate, credit, market and issuer risk. Currency exchange rates may cause the value of an investment to go up or down. Alternative strategies involve higher risks than traditional investments, may not be tax efficient, and have higher fees than traditional investments; they may also be highly leveraged and engage in speculative investment techniques, which can magnify the potential for investment loss or gain. Before acquiring the shares of any investment fund by purchase or exchange, it is your responsibility to read the fund’s prospectus or offering materials.

The Website is for information purposes only and is not intended to be relied upon as a forecast, research or investment advice. The information on the Website does not constitute a recommendation, offer or solicitation to buy or sell any securities or to adopt any investment strategy. Although the material on the Website is based upon information that the Firm considers reliable and endeavors to keep current, the Firm does not assure that this material is accurate, current or complete, and it should not be relied upon as such. Any opinions expressed on the Website may change as subsequent conditions vary. Past performance is no guarantee of future results.

The information and services provided on the Website are provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, the Firm disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. The Firm does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on the Website and does not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. The Firm expressly disclaims all liability for errors and omissions in the materials on the Website and for the use or interpretation by others of information contained on the Website.

Trademarks, Copyrights and other Intellectual Property

The content contained on the Website is owned or licensed by the Firm and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link the Website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on the Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of the Website for public or commercial purposes, including all text, images, audio, and video, without the Firm’s written permission. Modification or use of the materials for any other purpose violates the Firm’s intellectual property rights.

All trademarks, service marks, trade names, and logos displayed on the Website are proprietary to the Firm and/or their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of the Firm or such other third party that may own the trademark displayed on the Website. Your use of the trademarks displayed on the Website, except as provided herein, is strictly prohibited.

Links to Other Websites

The Firm may establish links between the Website and one or more websites operated by third parties. The Firm has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by the Firm regarding such websites, the contents of the websites, the products or services of the websites or the operators of the websites. Your access to and use of such linked websites is governed by the terms of use and privacy policies of those sites, and shall be at your own risk. The Firm disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from the Website.

Transmissions to and From the Website

Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Website may not be secure. Communications to the Firm, particularly those containing confidential information, may be sent by mail. The Firm makes no warranty to you regarding the security of the Website, including with regard to the ability of any unauthorized persons to access information received or transmitted by you through or from the Website. The Firm reserves the right to cease providing, or to change, the Website and content of such information (or any portion or feature thereof) at any time or frequency and without notice.

Privacy Policy

Please review the Firm’s Privacy Policy, which is a part of this Agreement and hereby incorporated by reference, to learn about the Firm’s information collection practices and the measures the Firm takes to preserve the privacy and security of your information.

Social Media Guidelines

To keep social media communities useful for everyone, please review the Firm’s Social Media Guidelines.

Jurisdiction

The information provided on the 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 the Firm or its affiliates to any registration requirement within such jurisdiction or country. The Website will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.

Limitation of Liability

THE FIRM AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE WEBSITE), EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THE WEBSITE OR ANOTHER LINKED WEBSITE.

IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Timeliness of Content

All content on the Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Prohibited Uses

Except as otherwise stated in these Terms or as expressly authorized by the Firm in writing, you may not:

  • Use the Website in any manner that could damage or overburden any of the Firm’s servers, or any network connected to any of the Firm’s servers, as all servers have limited capacity and are used by many people;
  • Use the Website in any manner that would interfere with another party’s use of the Website;
  • Include any of the Firm’s trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element;
  • Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy the Website or the reports, data, information, content, software, products services, or other materials on, generated by or obtained from the Website, whether through links or otherwise (collectively, “Materials”), without the Firm’s permission, provided that generally available third-party web browsers may be used without such permission; or
  • Use the Website or the Materials in any manner that could create impression of affiliation, sponsorship or endorsement by the Firm.

Password Security and Notification

Certain parts of the Website are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by the Firm for your specific use. If you have a Personal Identification Number (PIN) for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take all reasonable steps to protect the confidentiality of your PIN. Notify the Firm immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.

Unauthorized Use of Content

You agree to defend, indemnify and hold harmless the Firm, its affiliates and each of their respective officers, directors, members, partners, managers and employees against any losses, damages, claims, liabilities and costs (including attorneys’ fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of any of the content of the Website attributable to you or which occurs through the use of your PIN.

System Outages and Incomplete Transmissions

Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user’s computer. The Firm is not liable for any damages, changes, or omissions that occur during transmission of information and materials.

Termination

The Firm may terminate your access to the Website for any reason, without prior notice.

Waiver

No waiver by the Firm of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.

Integration and Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

The preceding Terms of Use represent the entire agreement between the Firm and the user relating to the subject matter herein.

The “WSD” logo, “WSD CAPITAL MANAGEMENT”, “GROWTH THROUGH FORTITUDE”, the “BHR” logo, and “BENEVOLENT HOSTILITY REVIEW” are registered and unregistered trademarks and/or service marks of the Firm or its subsidiaries and/or affiliates in the United States and elsewhere. All other trademarks are those of their respective owners.

Last modified on March 3, 2017.