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TERMS OF USE
Please read these terms and conditions carefully BEFORE
USING THIS WEBSITE. Your mere access of the Navigare Partners
LLC (“Navigare”) website does not give rise to any
duty or obligation on the part of Navigare to you; any such duty
arises only by means of a contract which you may enter into with
Navigare. Any such contract will supersede conflicting terms in
these Terms of Use except as expressly contemplated in such contract.
In the absence of such a contract, you have no right or basis
to rely upon anything on this website. If you nonetheless believe
you have a claim against Navigare based upon your reliance on
any information or utility provided through this website, the
following terms, conditions and acknowledgements will apply. By
using this website, you agree to be bound by all of the terms
and conditions below. If you do not agree to the terms and conditions
below, you may not use or rely upon this Website.
COPYRIGHT
All material available on this website is the copyrighted property
of Navigare or its licensors. The material is made accessible
solely for your personal, internal use. Explicit reference to
Navigare must be made in the event that the material, or any part
thereof, is reproduced in any form, written or electronic. Furthermore,
any republication of this material requires the express consent
of Navigare, and you may not distribute any part of this website
over any network, including, without limitation, a local area
network, or sell or offer any portions of this website for sale.
You shall not make use of the contents of this website in any
manner that constitutes an infringement of our rights.
OWNERSHIP OF WEBSITE AND TRADEMARKS
Nothing on this website shall be construed as granting any license
or right to use any image, trademark, service mark or logo, nor
will any act of downloading or other copying from this website
transfer title to any software or material, or whole or partial
copy, to you.
NO OFFER
Neither the information nor any opinion expressed in this website
constitutes, or is intended to constitute, an offer by any member
of Navigare to buy or sell any securities or financial instruments,
or provide or sell any product or service, or render advice on
any topic, in any jurisdiction where such offer, solicitation,
purchase, sale or advice, would be unlawful under the laws of
such jurisdiction. None of the services, investments or investment
funds referred to in this website is available, and prospectuses
in respect of them will not be distributed, to persons resident
in any state or territory where such distribution would be contradictory
to local law or regulation. The information in this website is
descriptive of Navigare as a whole and the services, securities
and financial instruments described may not be available to or
suitable for you.
NO RELIANCE
Although Navigare has taken all reasonable care that the information
contained within this website was accurate at the time of publication,
no representation or warranty, expressed or implied, is made by
Navigare or its contractual partners as to the accuracy, timeliness,
reliability or completeness, or as to the suitability of the website
for your purposes or for the merchantable quality of any product
or service referenced herein. Opinions and any other contents
on this website are subject to change without notice. The posting
of any information on this website should not be understood to
imply that there has not been any change in the affairs of Navigare
since the date that the information was published or that the
information is accurate as of any time subsequent to the date
that it was published. Navigare does not, by use of the website,
provide investment, tax, financial, legal or other advice to any
user, and no information or material on this website is to be
relied upon for the purpose of making or communicating investment
or other decisions. Past performance is not necessarily a guide
to future performance. Please consult your financial, tax and
legal advisor before making any investment decision. If you rely
on this website and any materials available through this website,
you do solely at your own risk.
ALL WARRANTIES ARE DISCLAIMED
The information and opinions contained on this website are provided
without any warranty of any kind, either expressed or implied,
to the fullest extent permissible in law; this website is available
strictly on an “as is, where is” basis. Navigare assumes
no responsibility for, and makes no warranties that, availability
of this website or functions contained on this website will be
uninterrupted or error-free, that defects will be corrected, or
that this website or the servers that make it available will be
free of viruses or other harmful components. Navigare may discontinue
or modify this website at any time without prior notice and, upon
modification, your subsequent use of this website will evidence
your agreement to the application of these terms and conditions
as so modified. Navigare is under no obligation to update this
website at any time to reflect new or updated information, and
may or may not elect to do so in its sole discretion. Any new
features or functionalities that augment or enhance the website
will be subject to these terms and conditions.
WAIVER OF LIABILITY
Under no circumstances, including, but not limited to, negligence,
shall Navigare or its affiliates be liable for any special, consequential,
incidental or punitive damages that result from the access or
use of, or the inability to access or use, the materials at this
website. Any claim against us shall be limited to the amount you
paid, if anything, for use of the website.
CAUTIONARY STATEMENT REGARDING
FORWARD-LOOKING INFORMATION
The information contained on this website may contain projections
or other forward-looking statements related to Navigare that involve
risks and uncertainties. Readers are cautioned that these statements
are only projections and may differ materially from actual future
results or events. All forward-looking statements are based on
information available to Navigare on the date of posting and Navigare
assumes no obligation to update such statements unless otherwise
required by applicable law.
LINKS TO OTHER WEBSITES
Navigare has not reviewed any of the websites which link to this
website, and is not responsible for the nature, accuracy, timeliness,
completeness or other character of content of off-site pages or
any other websites linked or linking to this website. A link to
a service or website outside of our own is not an endorsement
of the service or website, its content, or its sponsoring organization.
Following links to any off-site pages or other websites is done
at your own risk, and you agree that Navigare shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or
reliance on any content, goods, or services available on or through
such other websites.
THIRD PARTY CONTENT
This website includes third party information including, without
limitation, trustee reports, portfolio manager communications
and select third party items of a newsworthy nature, many limited
to password access. Whether or not such content is expressly identified
as third party information, Navigare does not warrant the accuracy,
timeliness, completeness or utility of third party content, and
your reliance on third party content is at user’s risk.
PASSWORD SECURITY
Portions of this website are restricted by password. You are responsible
for all activities that occur in connection with your password.
Accordingly, you are responsible to protect the confidentiality
of your password, and to administer its storage and timely change.
You should notify Navigare immediately if you suspect or become
aware of any disclosure, loss, theft or unauthorized use of your
password.
INFORMATION FOR FOREIGN USERS
Each user of this website from outside of the United States consents
to the transmission of information which it may enter into the
website to and from the United States, and use and disclosure
of such information consistent with this policy. Notwithstanding
the above, this website is intended to be made available only
to persons in the United States. All persons outside of the United
States interested in investing in Navigare funds, or learning
more about Navigare funds, should telephone: 212-209-3892.
UNAUTHORIZED USE
You are prohibited from using this website in any manner intended
to interfere with such use by any other party. Further, access
to certain parts of this website is protected by password or other
security mechanism and you may not attempt to defeat or circumvent
such security mechanisms.
INDEMNITY
You agree to indemnify and hold Navigare and its third party providers,
and their respective affiliates, members, managers, directors,
officers, employees, representatives, agents, and Sinvestors,
harmless from and against any and all claims, losses, liability,
costs and expenses (including but not limited to reasonable attorneys'
fees) incurred by Navigare or its contract providers by reason
of any breach by you of these terms and conditions. Navigare reserves
the right to assume the exclusive defense of any claim for which
we are entitled to indemnification under this paragraph. In such
event, you shall provide us with such cooperation as is reasonably
requested by us.
SEVERABLE TERMS
If any of these terms and conditions is deemed unenforceable by
competent court or other adjudicator, such provision shall be
enforced to the maximum extent permitted, and the other terms
shall remain in full force and effect.
APPLICABLE LAW & JURISDICTION
Any alleged claim by user on Navigare arising from user’s
reliance on or use of any utility on this website shall be governed
by the substantive laws of the state of New York, United States
of America, without regard to choice of law principles; and the
state and federal courts sitting in the County of New York shall
have exclusive personal jurisdiction to adjudicate all such disputes.
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