Terms of Use — Dellora Investments

Terms of use.

TERMS OF USE

Last Updated: April 29, 2020

Dellora Investments LP (“Dellora,” “we,” “us,” or “our”) welcomes you. These terms of use (these “Terms of Use”) relate to our website located at https://dellora.com/ (the “Website”). We may update these Terms of Use from time to time. By using the Website, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then you are not permitted to use the Website.

1. Intellectual Property. The Website contains material, such as text, graphics, images, designs, sound recordings, audiovisual works, and other content provided by us or our licensors (collectively, the “Content”). The Content is owned by us or our licensors. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy of the Content that you make. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

The trademarks, service marks, and logos used and displayed on the Website may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”). You are not granted, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.

2. Communications With Us. Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

3. Disclaimers. THE WEBSITE AND ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE WEBSITE WILL OPERATE ERROR-FREE, THAT THE CONTENT IS COMPLETE OR ACCURATE, OR THAT THE WEBSITE, SERVERS, OR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

THE WEBSITE AND THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE PLATFORM AT ANY TIME WITHOUT NOTICE.

4. No Offers or Reliance. No material available through the Website shall be used or considered as an offer to sell or a solicitation of any offer to buy the securities or services of any of our affiliated entities. Offers can only be made where lawful under, and in compliance with, applicable law. We are not utilizing the Website to provide investment or other advice, and no information or material available through the Website is to be relied upon for the purpose of making or communicating investment or other decisions. We do not advise on the tax consequences of any investment.

To the extent that past performance is available through the Website, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by Dellora), will be profitable or equal any historical performance level(s). Other events which were not taken into account may occur, and any projections, outlooks or assumptions should not be construed to be indicative of the actual events which will occur.

Investments discussed on the Website, if any, may not be suitable for you. You should make your own investment decisions based upon your own financial objectives and financial resources, and prior to making any investment decision, you are advised to consult with your broker, investment adviser, or other appropriate tax or financial professional to determine the suitability of any investment. None of Dellora, any of its affiliates, and each of their respective officers, directors, members, agents, representatives, employees, or contractors shall be responsible or have any liability for investment decisions based upon, or the results obtained from, the information provided.

5. No Inside Information; No Guaranteed Results. Dellora obtains information from a wide variety of publicly available sources. Dellora does not have, nor does it claim to have, sources of inside or private information. The recommendations developed by Dellora in connection with its services are based upon the professional judgment of Dellora and Dellora cannot and does not guarantee the results of any recommendations.

6. Forward-Looking Statements. The Website contains certain “forward-looking statements,” which may be identified by the use of such words as “believe,” “expect,” “anticipate,” “should,” “planned,” “estimated,” “potential” and other similar terms. Examples of forward-looking statements include, but are not limited to, estimates with respect to financial condition, results of operations, and the success or lack of success of Dellora’s investment process or strategy. All are subject to various factors, including, but not limited to general and local economic conditions, changing levels of competition within certain industries and markets, changes in interest rates, changes in legislation or regulation, and other economic, competitive, governmental, regulatory and technological factors affecting Dellora’s operations that could cause actual results to differ materially from projected results.

7. Limitation of Liability. IN NO EVENT WILL WE BE LIABLE FOR (I) INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, OR (II) DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100.00), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. External Sites. The Website or the Content may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or products available through such External Sites. The External Sites may offer third-party goods and services (the “Third Party Products”), and you acknowledge and agree that: (i) we do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) we have no involvement in any transaction involving any Third Party Products; and (iii) we shall have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.

The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. These Terms of Use and our Privacy Policy do not apply to any External Sites and Third Party Products and prior to accessing any External Sites or Third Party Products please be sure to review the terms of use and privacy policies of those External Sites.

9. Indemnification. You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, or your use or misuse of the Website or any Content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

10. Compliance With Applicable Laws. The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access or use the Website or any Content from outside of the United States, you do so at your own risk.

WHETHER INSIDE OR OUTSIDE OF THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL, NATIONAL OR INTERNATIONAL LAWS, INCLUDING, WITHOUT LIMITATION, SECURITIES LAWS, CONTROLLED SUBSTANCES LAWS, AND IMPORT AND EXPORT LAWS. IN PARTICULAR, YOU UNDERSTAND THAT THE WEBSITE, THE CONTENT, OR BOTH MAY NOT BE AVAILABLE IN ALL JURISDICTIONS AND THAT YOU ARE RESPONSIBLE FOR ENSURING THAT IT IS LAWFUL FOR YOU TO ACCESS AND USE THE WEBSITE AND THE CONTENT IN YOUR JURISDICTION. DISCUSSION OR DISPLAY OF ANY PRODUCTS OR BUSINESSES, ON THIS WEBSITE IS NOT AN ENDORSEMENT OF THE USE OR POSSESSION OF SUCH ITEMS. IF YOU RESIDE IN A JURISDICTION WHERE IT IS FORBIDDEN BY LAW TO PARTICIPATE IN THE ACTIVITIES OFFERED BY OR RELATED TO THE WEBSITE OR ANY CONTENT, YOU MAY NOT: (I) ENTER INTO THIS AGREEMENT; OR (II) ACCESS OR USE THE WEBSITE OR THE CONTENT. BY ACCESSING OR USING THE WEBISTE OR THE CONTENT YOU ARE EXPLICITLY STATING THAT YOU HAVE VERIFIED IN YOUR OWN JURISDICTION THAT ACCESS TO AND USE OF THE WEBSITE AND THE CONTENT IS ALLOWED.

11. Termination of the Agreement. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website or Content at any time without prior notice or liability. The terms of this Agreement will survive its expiration or termination.

12. Electronic Communications and Contracting. By assenting to this Agreement, you agree that a printed version of this Agreement and all other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

13. Miscellaneous. If this Agreement is terminated in accordance with the Termination of the Agreement provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification and Miscellaneous. This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. Except for proceedings commenced by us to protect our intellectual property or confidential information, which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in New York, New York. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement constitutes the entire agreement between you and us with respect to your access to and use of the Website and the Content, and supersedes all previous or contemporaneous agreements, whether written or oral, between us with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import.