Tiger Iron Capital, LLC Website Terms of Use
July 2016
TERMS OF USE
These Terms of Use are a legal agreement between you and Tiger Iron Capital, LLC (“Tiger Iron”, “we”, “us” or “our”) and set out the terms and conditions on which you may use our website accessible at www.TigerIronCapital.com (the “Site”). Use of the Site includes accessing, browsing, or registering to use the Site. By using the Site, you confirm your acceptance of the Terms of Use and agree to comply with them. You must not use the Site if you do not agree to these Terms of Use. Our privacy policy also applies to your use of the Site and can be accessed here. The Site is operated by Tiger Iron Capital, LLC of 45 Fiorenza Drive, Wilmington, Massachusetts, 01887. We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes, which are binding upon you.
Permitted Use
We grant you a personal, limited, non-exclusive, non-transferable license, revocable at any time and any reason at our sole discretion, to use the Site solely for personal and non-commercial purposes and in accordance with these Terms of Use. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Site not specifically permitted under this Agreement is strictly prohibited. You may not copy, adapt, modify, sell, license, distribute, transmit, display, publish or create derivative works derived from this Site or the content or any part thereof without our prior written permission. You may use the Site only for lawful purposes. You may not use the Site in any way that breaches any applicable local, national or international law or regulation or that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. You may not use the Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam) or to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Content and Accessibility
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. We may update the Site from time to time, and may change the content at any time but are under no obligation to update it. We do not guarantee that the Site, or any content on it, will be free from errors or omissions. We have no control over the content of third party sites or resources that may be linked to on the Site. We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
No Offer of Securities; Disclaimers
Nothing provided through the Site or in these Terms of Use shall be construed as an offer to sell securities, a recommendation regarding any securities, or a solicitation of an offer to buy securities in any Tiger Iron fund. No content presented herein shall be construed as an offer by Tiger Iron to act as an investment advisor or an investment manager for any person. All such offers may be made only to privately solicited investors who have been pre-qualified as to both investment suitability and net worth, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended, after delivery of required disclosure documents and offering memoranda, and only in such jurisdictions in which such an offer would be lawful. This information is intended only for persons in the United States. All content provided on this Site is for informational purposes only. You acknowledge that none of the content made available on or through this Site constitutes business, financial, investment, hedging, trading, legal, regulatory, tax, accounting or other advice. Any estimates, projections or predictions on this Site are intended to be forward-looking statements. Although Tiger Iron believes that the expectations in such forward-looking statements are reasonable, it can give no assurance that any forward-looking statements will prove to be correct. Such estimates are subject to actual known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. Tiger Iron expressly disclaims any obligation or undertaking to update or revise any forward-looking statement contained herein to reflect any change in its expectations or any change in circumstances upon which such statement is based. No statements contained on this Site should be construed as a guarantee or assurance of future performance or future results. Tiger Iron’s past performance is not indicative of future results. There are various risks you assume when reviewing the content on this Site. Dated content speaks only as of the date indicated. We may modify the content on this Site at any time and without notice to you. We 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. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party. You agree that we are not liable for any action you take or decision you make in reliance on any content on this Site.
No Warranties
THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE), AND WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION, QUALITY, PERFORMANCE, ACCURACY, SUITABILITY, MERCHANTABILITY, FITNESS FOR PURPOSE, COMPLETENESS OF THE SITE OR ITS CONTENT OR THAT THE SITE OR THE CONTENT WILL BE PROVIDED UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES, TROJAN HORSES OR OTHER HARMFUL MATERIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY LOSS OR DAMAGE INCLUDING ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WHERE WE HAVE BEEN ADVISED OR HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) OR LOSS OF PROFIT WHICH MAY ARISE IN TORT, CONTRACT OR OTHERWISE AND ARISING OUT OF OR IN RELATION TO THE USE OF ANY CONTENT ON THIS SITE OR ACCESS TO THIS SITE OR ITS UNAVAILABILITY. WE SHALL NOT BE LIABLE FOR ANY DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO, DAMAGE OR INJURY CAUSED BY ANY PERFORMANCE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, WHETHER RESULTING, IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE THAT MAY RESULT FROM THE USE OF ANY CONTENT ON THIS SITE OR ACCESS TO THIS SITE OR ITS UNAVAILABILITY.
Indemnity
You will indemnify and hold Tiger Iron, its directors, officers, employees, affiliates, agents, contractors, licensors and service providers harmless with respect to any suits or claims arising out of (i) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the Site (or any portion thereof). Furthermore, Tiger Iron shall have the right to injunctive relief to enforce its rights hereunder, for which you waive the requirement, if any, to post any bond, or similar requirement.
Intellectual Property Rights in the Site; Submissions by You
As between you and Tiger Iron, Tiger Iron owns or has a license to all intellectual property rights (including but not limited to copyright, design rights, trademarks and patents) in the Site, and in the content published on it. All title and intellectual property rights in and to any licensed content provided on this Site is the property of the respective owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You do not acquire any ownership or other rights to any content accessed or viewed through this Site. The posting of content on this Site does not constitute a waiver of any right in such content. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of Tiger Iron. Your use of the trademarks displayed on this Site, or any other content on this Site, except as expressly permitted herein, is strictly prohibited. Images displayed on this Site are either the property of, or used with permission by, Tiger Iron. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by Tiger Iron. Any unauthorized use of images or other content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All our rights are reserved with respect to intellectual property, proprietary information and content on the Site and such rights will be enforced to the full extent of applicable law. You agree not to directly or indirectly attempt to register, challenge or contest the validity of our ownership of any intellectual property or provide assistance to any third party in doing so. You may not link to any part of the Site without our prior written permission and we reserve the right to withdraw such permission at any time. If you submit to us or post on or through the Site any comment, review, suggestion, testimonial, idea or any work of authorship (collectively a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived, and (ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-terminable, non-exclusive and fully transferable, assignable and sub-licensable right and license to develop, use, reproduce, publish, distribute, display, translate, summarize, modify, adapt and otherwise exploit such submission (in whole or part) for any purpose, including to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name. If you know of, or suspect, copyright infringement, please send a notice to Tiger Iron Capital, LLC of 45 Fiorenza Drive, Wilmington, Massachusetts, 01887. The notice must contain all of the information set forth in section 512(c)(3)(a) of the U.S. copyright act, 17 U.S.C. § 101 et seq.
Law, Jurisdiction and Invalidity
You agree that these Terms of Use and any claiming relating to the use of this Site and the content will be governed by and construed in accordance with the laws of the State of Massachusetts (without regard to any conflict of law provisions). Any claim related to any dispute arising as a result of this Site or under these Terms of Use shall be made before a state or federal court of competent jurisdiction located in the State of Connecticut. In the event that any provision of these Terms of Use is not enforceable, validity and enforceability of the remaining provisions will not be affected. You further acknowledge that these Terms of Use represent the complete and exclusive statement of the agreement between us relating to the subject matter of these Terms of Use and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of these Terms of Use.
Questions
If you have any questions about these Terms of Use please contact:
Tiger Iron Capital, LLC
45 Fiorenza Drive,
Wilmington, Massachusetts, 01887
Phone: 617-275-4375
Effective Date: July 19, 201