WEBSITE TERMS OF USE
Effective Date: January 1, 2023
This website (the “Website”) is the website of Cedar Park Capital Management, L.P. (“Cedar Park Capital”, “us” or “we”) and may be used for informational purposes only.
Please read these terms of use (these “Terms”) of the Website carefully as by using the Website you agree to be bound by them. We reserve the right to modify these Terms at any time and will post any variations here. You are advised to review these Terms on a regular basis as you will be deemed to have accepted variations if you continue to use the Website after they have been posted. If you do not agree to abide by these Terms you should not use the Website in any way.
Accessing the Website
Cedar Park Capital does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Website.
You are also responsible for ensuring that any persons with access to the Website through your internet connection are aware of these Terms, and that they comply with them.
When retrieving information from the Website, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction, navigation, or search tools, except for a normal browser as used by a natural person, (b) aggregating, copying or duplicating any of the materials or information available from the Website except for the small amount of materials and information temporarily required for an ordinary single use of the Website, (c) accessing data not intended for you or attempting to gain unauthorized access to, interfere with, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, (d) accessing the Website for the purpose of competing with Cedar Park Capital or using the Website for purposes of benchmarking or other similar purposes, (e) using the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s user of the Website, or (f) attacking the Website via a denial-of-service attack or a distributed denial-of-service attack.
By accessing the Website:
- You represent and warrant that you are legally entitled to enter into these Terms.
- You represent and warrant that you are at least 18 years old.
- You will not allow any other person or entity to access or use your account.
- You will comply with all state and local laws of each location in which you access the Website.
- You will not use the Website for any illegal or unauthorized purpose.
- You acknowledge that, by accessing or using the Website, certain mobile carrier charges may apply, including SMS charges and data charges.
- You will not transmit worms, viruses or any code of a destructive nature to Cedar Park Capital, other users, or the Website.
- You shall not abuse, harass, threaten, harm or impersonate other Cedar Park Capital users or employees of Cedar Park Capital or any of its partners, at any time or for any reason.
Any use of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Website.
Your login details
Any Personal Information provided when you register for alert services on the Website will be held in accordance with the Cedar Park Capital Privacy Notice available on the Website.
We have the right to disable any user accounts at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms and/or if we believe that your account is being used in an unauthorized or fraudulent manner.
If you know or suspect that anyone other than you has or is likely to access your user account, you must promptly notify us. Following such notification you may be required to set up a new account with a new email address.
Information we provide on the Website
Information published on the Website is supplied by Cedar Park Capital and, where indicated, by certain third parties. Cedar Park Capital attempts to ensure that information published on the Website is accurate when posted and regularly updated, but Cedar Park Capital does not guarantee and cannot be held liable for its accuracy or timeliness and Cedar Park Capital may change the information at any time without notice. You must not rely on the information on the Website and you acknowledge that you must take appropriate steps to verify this information before acting on it.
Forward-Looking Statements
The Website may include “forward-looking statements” within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Words such as “expect,” “assume,” “target,” “range,” “estimate,” “project,” “budget,” “forecast,” “anticipate,” “intend,” “plan,” “may,” “will,” “could,” “should,” “believes,” “predicts,” “potential,” “continue,” and similar expressions are intended to identify such forward-looking statements. Forward-looking statements are based on Cedar Park Capital’s beliefs, assumptions and expectations of its future performance, taking into account all information currently available to it. These beliefs, assumptions and expectations are subject to risks and uncertainties and can change as a result of many possible events or factors, not all of which are known to Cedar Park Capital. If a change occurs, Cedar Park Capital’s business, financial condition, liquidity and results of operations may vary materially from those expressed in its forward-looking statements.
Forward-looking statements are not guarantees, and they involve risks, uncertainties and assumptions. As such, you are cautioned not to place undue reliance upon any forward-looking statements, which speak only as of the date made. New risks and uncertainties arise over time and it is not possible to predict those events or how they may affect Cedar Park Capital. Except as required by law, Cedar Park Capital does not undertake or accept any obligation or undertaking to release publicly any updates or revisions to any forward-looking statement to reflect any change in its expectations or any change in events, conditions or circumstances on which any such statement is based.
All subsequent written and oral forward-looking statements concerning Cedar Park Capital or matters attributable to Cedar Park Capital or any person acting on its behalf are expressly qualified in their entirety by the cautionary statements above.
Disclaimers
The Website may display content provided by third parties, or links to other Internet sites maintained by third parties. We do not operate or control any information, products or services that third parties may provide on or through the Website or on websites linked to the Website. Further, such links do not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites, or on websites linked to on the Website.
CEDAR PARK CAPITAL PUBLISHES THE WEBSITE “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO ON THE WEBSITE (IN SO FAR AS SUCH WARRANTIES MAY BE EXCLUDED UNDER ANY RELEVANT LAW) AND TO THE EXTENT PERMITTED BY LAW, CEDAR PARK CAPITAL SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE WHETHER DIRECT OR INDIRECT (INCLUDING, WITHOUT LIMITATION DIRECT OR INDIRECT LOSS OF PROFITS), CONSEQUENTIAL, SPECIAL OR OTHERWISE INCIDENTAL THAT MAY RESULT FROM USE OF THE WEBSITE HOWSOEVER ARISING. WE DO NOT WARRANT THAT THE SITE OR ANY OF THE FEATURES OR FUNCTIONS WITHIN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY COMPONENT OF THE SITE WILL BE AVAILABLE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF MATERIALS ON THE SITE OR THIRD PARTY SITES IN TERMS OF ACCURACY, TIMELINESS, CORRECTNESS, RELIABILITY OR OTHERWISE.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
No Offer to Sell Securities
The information contained on the Website is not investment advice or shall under no circumstances constitute an offer or solicitation to buy or sell any security. Although the Website may include investment-related information, nothing on the Website is a recommendation that you purchase, sell or hold any security or other investment in Cedar Park Capital or any other company. We do not give any advice or make any representations through the Website as to whether any security or investment is suitable for any person or will be profitable, and no information or material on the Website may be relied upon for the purpose of making or communicating investment or other decisions. Nothing on the Website is intended to be, and you should not consider anything on the Website to be, investment, accounting, tax or legal advice. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. The past performance of any investment, investment strategy or investment style of Cedar Park Capital or any of its affiliates is not indicative of future performance or results.
Intellectual property rights
Copyright in the design and architecture of the Website is owned by Cedar Park Capital. Cedar Park Capital owns the copyright in the content published on the Website except where otherwise indicated by a third party’s proprietary notice. Images, trademarks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the Website as you may reasonably require for your own personal, non-commercial use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is prohibited. Cedar Park Capital does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws.
By submitting any content other than Personal Information through the Website or to Cedar Park Capital, you hereby grant Cedar Park Capital a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the content when operating the Website and for Cedar Park Capital’s internal business purposes. You acknowledge that Cedar Park Capital is not responsible for any content you provide and that Cedar Park Capital may reject or delete such content in Cedar Park Capital’s sole discretion. Cedar Park Capital also assumes no responsibility for loss of information, howsoever such information is lost, including information which is permanently deleted either through the action of an employee or consultant or other who has access to the information, through failure of a computer network, or through any policy or directive of Cedar Park Capital for destruction of data.
Viruses
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
General
These Terms are governed by the laws of New York and you agree that the courts in New York County shall have exclusive jurisdiction in any dispute.
To the extent that any part of these Terms is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to that extent be severed from the remaining terms all of which shall remain in full force and effect as permitted by law.
Cedar Park Capital Management, L.P.