1. Introduction
These Terms and Conditions of Use (these “Terms“) describe the terms and conditions under which March Capital Management, LLC and its affiliates (“March Capital“), will permit persons who visit this Web site (the “March Capital Site“) to use the site and the services that March Capital makes available on or through it (the “Services“), including access to certain documents and information. Please read these Terms carefully and refer to them as often as necessary. These Terms provide all of the applicable requirements and comprise the entire agreement between you and March Capital with respect to the March Capital Site and the Services.
2. Acceptance of Terms Through Use
By using the March Capital Site, you signify your agreement to all terms, conditions, and notices contained or referenced in these Terms. If you do not agree to these Terms, you are not permitted to use the March Capital Site. March Capital reserves the right, at its discretion, to update or revise these Terms. Please check these Terms periodically for changes. Your continued use of the March Capital Site following the posting of any changes to these Terms constitutes acceptance of those changes.
3. User Conduct
You agree not to use the March Capital Site for any unlawful purpose. You also agree that you will not upload or attempt to upload any content (including text, communications, software, images, sounds, data, or other information) that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
You further agree that you will not harvest or collect, or attempt to harvest or collect, information about other visitors to the March Capital Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
4. Third Party Sites
The March Capital Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of March Capital, and you acknowledge that March Capital is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by March Capital or any association with its operators.
5. Proprietary Rights
You acknowledge and agree that all content and materials available on the March Capital Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as may be expressly authorized by March Capital under a separate written agreement, you agree not to sell, license, rent, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the foregoing sentence, and unless March Capital grants you broader rights under such separate written agreement, you are granted a limited license to print or download the materials or content on the March Capital Site for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices; subject, however, to any express terms and conditions displayed with such materials or content. Systematic retrieval of data or other content from the March Capital Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from March Capital is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited. Except as expressly provided above, all rights are reserved.
As discussed above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the March Capital Site is strictly prohibited without the express written permission of March Capital or as provided in a separate written agreement with March Capital. Among other things, except to the extent required for the limited purpose of reviewing material on the March Capital Site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Use of any of March Capital’s trademarks as metatags on other Web sites also is strictly prohibited. You may not display this Web site in frames (or any of the content or materials via in-line links) without our express written permission. Permission to use certain content or materials in a manner prohibited by this Section 5 is granted only when certain limited criteria are met.
6. Privacy
March Capital uses the personally identifiable information that it gathers primarily to communicate with you and, generally, it does not share this information with third parties except with third-party service providers to March Capital and its affiliates with a need to know such information in order to perform their functions in the course of business with March Capital. March Capital uses return email addresses to answer the email that it receives. Such addresses are not used for any other purpose and are not shared with outside parties. However, March Capital may disclose such information if it has received your permission beforehand or in very special circumstances, such as when it believes that such disclosure is required by law or other special cases described below.
March Capital may also disclose personally identifiable information in special cases when it has reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against you or someone else who may be violating these Terms or may be causing injury to or interference (either intentionally or unintentionally) with March Capital’s rights or property, other users of the March Capital Site, or anyone else that could be harmed by such activities. March Capital may disclose or access personally identifiable information when it believes in good faith that the law requires it and for administrative and other purposes that it deems necessary to maintain, service, and improve its products and services.
March Capital does not sell or rent personally identifiable user information to anyone. March Capital will notify you at the time of data collection or transfer if your data will be shared with a third party, and you will always have the option of not permitting the transfer.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while March Capital strives to protect your personally identifiable information, it cannot ensure or warrant the security of any information that you transmit to it, and you do so at your own risk. By using the site and agreeing to receive electronic communications of documents related to March Capital, you are acknowledging and accepting the risk of security breaches or vulnerabilities related to your personally identifiable information which may be stored or transmitted over the March Capital Site. March Capital makes uses its best efforts to ensure the security of the information on March Capital’s systems.
To maintain data accuracy and ensure the correct use of information, March Capital has put in place certain physical, electronic, and managerial procedures that March Capital has determined to be commercial reasonable in order to safeguard and secure the information it collects and distributes online.
Third-part providers with which March Capital engages through the March Capital Site have separate privacy and data collection practices. March Capital has no responsibility or liability for these independent policies or security breaches that might occur as a result of third-party systems or software. For more information regarding the privacy and security policies of third-party providers, you must contact such provider(s) directly.
7. Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MARCH CAPITAL SITE (THE “CONTENT“) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MARCH CAPITAL AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE MARCH CAPITAL SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT UNAUTHORIZED ACCESS TO OR MISAPPROPRIATION OF THE CONTENT WILL NOT OCCUR; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE MARCH CAPITAL SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL MARCH CAPITAL, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE MARCH CAPITAL SITE, OR THE UNAUTHORIZED ACCESS TO OR THE MISAPPROPRIATION OF ANY CONTENT MADE AVAILABLE ON OR THROUGH THE MARCH CAPITAL SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MARCH CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MARCH CAPITAL’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9. Indemnification
Upon a request by March Capital, you agree to defend, indemnify, and hold harmless March Capital, its subsidiaries and other affiliated companies, and the employees, contractors, officers, and directors of each of them from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the March Capital Site. March Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with March Capital in asserting any available defenses.
10. International Use
Those who access the March Capital Site do so on their own initiative and are responsible for establishing the legality under any or all applicable jurisdictions and compliance with local laws.
11. Choice of Law and Forum
These Terms will be governed by and construed in accordance with the laws of the state of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the March Capital Site will be filed only in the courts located in the state of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
12. Dispute Resolution
All disputes arising out of or relating to these Terms or your use of the March Capital Site (“Disputes“) will be settled by final and binding arbitration conducted in San Francisco, California, by a neutral arbitrator, in accordance with these Terms and the then-current commercial arbitration rules of the American Arbitration Association. Each party will bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator will be in writing and will state the reasons for the award. Judgment upon an award may be entered in any court having competent jurisdiction. The arbitrator will not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The parties, their representatives and participants and the arbitrator will hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. Any Disputes relating to your failure to pay billed charges for the Services are exempt from the requirement of binding arbitration. You agree that March Capital will be entitled to obtain preliminary injunctive relief to enforce any of these Terms against you pending a final determination in arbitration.
13. Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and March Capital with respect to the March Capital Site and the Services, and supersedes all other prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and March Capital with respect to the March Capital Site and the Services. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
14. Termination
March Capital reserves the right, in its sole discretion, to terminate your access to all or part of the March Capital Site, with or without notice.
Important Disclosure Information
Access to this website is provided by March Capital Management, LLC (“March Capital“) for informational purposes only. The publication of this website is limited to the dissemination of general information pertaining to the asset management services offered by March Capital. No portion of the commentary included herein is to be construed as a solicitation to effect investments, an offer to buy products or services from March Capital, or the provision of personalized investment, tax, or legal advice for compensation over the Internet.
Certain information contained on this website is derived from sources that March Capital believes to be reliable. However, March Capital does not guarantee the accuracy, completeness, or timeliness of such information and assumes no liability for any resulting damages. The information on this website is subject to change and update from time to time. Moreover, no investor or prospective investor should assume that any such information serves as the receipt of, or a substitute for, personalized advice from March Capital or from any other investment professional.
Investing involves risks which may lead to losses, including loss of principal. Different types of investments involve varying degrees of risk and there can be no assurance that any specific investment will be profitable. Furthermore, past performance is not a predictor of future results. March Capital does not make any representation that any of its investments on behalf of investors will or are likely to achieve returns similar to those exhibited in the past.
March Capital is neither an attorney nor an accountant, and no portion of the website content should be interpreted as legal, accounting, or tax advice. Any discussion of tax matters contained within this communication should not be used for the purpose of avoiding tax or promoting, marketing, or recommending to another party any transaction or matter addressed herein.
Each investor and prospective investor agrees as a condition precedent to his/her/its access to March Capital’s website, to release and hold harmless March Capital, its officers, directors, owners, employees and agents from any and all adverse consequences resulting from any of his/her/its actions and/or omissions which are independent of his/her/its receipt of any advice from March Capital.
ACCESS TO THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RESULTS OBTAINED FROM ANY INFORMATION POSTED ON THIS WEBSITE OR ANY THIRD PARTY WEBPAGE LINKED HERETO.