By accessing or using this Lumenai Investments, LLC (“Lumenai”) web site (the “Site”), you hereby accept and agree to comply with the following Terms of Use and all applicable laws and regulations. These Terms of Use (as amended and/or supplemented from time to time) are a binding agreement between you and Lumenai, and govern your access to and use of the Site, which includes any text, graphics, user interfaces, visual interfaces, information, data, tools, products, services and other content (together, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Site. Content does not include any information you submit through the Site.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE IN THEIR THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS OF USE, YOU MAY NOT USE THE SITE.
1. Lumenai grants you a limited right to use the Site.
Your right to use the Site is subject to your agreement to abide by these Terms of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site and all applicable laws and regulations.
At any time and for any reason Lumenai may revoke your right to use all or any portion of the Site.
You may not violate or attempt to violate the security of the Site.
The Site does not constitute an offer or promise of employment with respect to any employment position referenced herein. Any employment offer that may result from your submission of information to Lumenai shall be solely in accordance with the specific terms of such employment offer, not the terms of this Site.
Any rights not expressly granted herein are reserved.
2. The Site is owned by Lumenai and/or third parties.
The Site was developed, compiled, prepared, selected and arranged by Lumenai and others for the purposes of recruiting potential employees through the application of methods and standards or judgment developed and applied through the expenditure of substantial time, effort and money and constitute valuable intellectual property of Lumenai and others.
The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Lumenai, its affiliates and/or third parties and you will, through use of the Site, gain no ownership rights in any such intellectual property or proprietary rights.
You will make no use of trade names, trademarks or service marks of Lumenai or other Content providers in any manner that creates the impression that you own or are licensed to make such use.
You agree to respect and protect the proprietary rights of Lumenai in the Site during and after the time you use the Site and shall promptly notify Lumenai if you become aware of any infringement of these rights.
You may not decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
You may not link other websites to the Site without Lumenai’s prior written permission.
You may not modify, copy, publish, broadcast, retransmit, reproduce, repackage, scrape, frame, commercially exploit, create any derivative of or otherwise re-sell, license, transmit or redistribute all or any portion of the Site except as explicitly permitted in these Terms of Use.
You may print copies of any accessible portion of the Site only for your own personal and non-commercial use. You may discuss information that you learn from the Site with your financial, legal or tax advisors, and others with whom you share investment decisions; provided that such persons agree to keep such information confidential in accordance with the terms herein.
You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
You are prohibited from using the Site to advertise or perform any commercial solicitation. You are also prohibited from using any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission of Lumenai. You may not take any action that imposes or may impose, in Lumenai’s sole discretion, an unreasonable or disproportionately large load on Lumenai or any other party’s infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures Lumenai or any third party may use to prevent or restrict access to the Site.
The restrictions in this Section 2 shall survive any termination of these Terms of Use.
3. You make the following representations and warranties regarding your use of the Site. You represent and warrant that you:
(a) have full authority and all rights necessary to enter into and fully perform all your obligations pursuant to these Terms of Use;
(b) have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms of Use;
(c) will not use the Site for any illegal purpose or in any manner inconsistent with these Terms of Use; and
(d) will not delete or attempt to delete any Content.
4. All Content is for informational purposes only.
Nothing on the Site is an offer or solicitation to buy or sell any security.
Nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.
Lumenai does not give any advice or make any representations through the Site as to whether any security or investment is suitable for you or will be profitable.
Nothing on the Site is intended to be, and you should not consider anything on the Site 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.
5. There are risks you assume in relying on the Content.
Dated Content speaks only as of the date indicated.
Lumenai will make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate.
We may change all or any portion of the Site at any time without notice to you. We suggest you check these Terms of Use periodically for changes. If you use the Site after we post changes to these Terms of Use, you accept the changed Terms of Use.
Lumenai expressly reserves the right to monitor any and all use of the Site.
You agree that we are not liable for any action you take or decision you make in reliance on the Content.
6. Lumenai is not liable for any technological problems or any resulting impact.
All or any portion of the Site may be unavailable or may function improperly at any time.
Lumenai makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
Lumenai takes reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but disclaims liability for any interception of data or communications.
Lumenai makes reasonable efforts to ensure that the Site is secure, but does not guarantee the security of the Site.
Lumenai is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
Lumenai is not liable for any defects, delays or errors in or resulting from your use of the Site.
7. Lumenai is not responsible for information on any third-party web site referenced in, accessible through or connected by hyperlink to or from the Site.
If you access any third-party web site through the Site or otherwise, you do so at your own risk.
Hyperlinks to or from the Site do not constitute and are not evidence of our endorsement or sponsorship of or affiliation with any linked web site.
8. Lumenai will abide by its privacy policy.
Personal nonpublic information that Lumenai gathers from you will be governed by its Privacy Policy.
9. Cookies
When you visit the Site, Lumenai or certain third parties may collect technical and navigation information, including, but not limited to, device type, browser type, Internet protocol address, pages visited, and the average time spent on the Site. We use this information for a variety of purposes, such as maintaining the security of the Site and any Content, facilitating site navigation and improving Site design and functionality.
Lumenai and certain third parties may use cookies and similar technologies to support the operations of the Site. Cookies are pieces of information that a website places on the hard drive of your computer when you visit the website. Cookies may involve the transmission of information from us to you and from you to us, to another party on our behalf, or to another party in accordance with Lumenai’s Website Privacy Policy. Lumenai may also use cookies to bring together information it collects about you. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. If you refuse a cookie when on the Site, or if you delete cookies, you may experience some inconvenience in your use of the Site.
10. Lumenai has the right but not the obligation to monitor and record activity on the Site and respond as it deems appropriate.
We may monitor and record activity on the Site for any reason or for no reason.
We may investigate any complaint or reported violation of our policies.
We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.
We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that we deem appropriate.
11. LUMENAI DISCLAIMS ALL WARRANTIES
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” LUMENAI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS. WITHOUT LIMITING THESE GENERAL DISCLAIMERS, LUMENAI DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
12. LIMITED LIABILITY
YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SITE. IN NO EVENT WILL LUMENAI OR ANY OF ITS AFFILIATES, SUBSIDIARIES, CONTENT PROVIDERS, PREDECESSORS, SUCCESSORS OR ASSIGNEES OR THEIR RESPECTIVE CONTROL PERSONS, AGENTS OR EMPLOYEES (THE “LUMENAI PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THESE TERMS OF USE, THE SITE OR ANY INABILITY TO ACCESS OR USE THE SITE. THE LIABILITY OF THE LUMENAI PARTIES IS LIMITED, EVEN IF ONE OR MORE OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
13. You will be responsible for any liability to Lumenai that arises out of your breach of these Terms of Use or your use of the Site.
You agree to indemnify and hold harmless Lumenai and its affiliates, agents, officers, directors, partners, members, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable external attorneys’ fees) that arise from or relate to your use of the Site, your breach of these Terms of Use or any representation, warranty or covenant made by you in these Terms of Use, or your violation of any applicable law or regulation or of any third party’s rights.
14. Governing Law and Jurisdiction
These Terms of Use are governed by the laws of the State of New York without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in the city and county of New York, New York, which shall have exclusive jurisdiction of any and all disputes arising out of or relating to these Terms of Use and the use of the Site.
15. You are bound by certain other general conditions.
Lumenai may assign these Terms of Use in whole or in part at any time without your consent. You may not assign these Terms of Use or delegate any of your obligations under these Terms of Use. Any purported assignment of these Terms of Use in violation of its terms is void.
If any provision of these Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms of Use shall remain in full force and effect.
These Terms of Use constitute the entire understanding, and supersedes all other understandings, between you and Lumenai concerning the subject matter hereof.
