ANDVARI WEBSITE TERMS AND CONDITIONS OF USE
These Website Terms and Conditions of Use ("Terms") are effective as of March 31, 2020.
Andvari Associates LLC ("Andvari," "we" or "us") reserves the right to change, modify, add or remove portions of the Terms at any time for any reason and in our sole discretion. We suggest that you ("you," "your" or "User") periodically review the Terms for amendments. You acknowledge that by accessing or using this website (or other webpages with links to or that utilize the Terms) (collectively, "Website") you are agreeing to the Terms as modified from time to time. We will alert you if changes have been made by indicating on the Terms the date they were last amended.
Please feel free to contact us with any questions you might have regarding these Terms. You may send us an e-mail at Info@AndvariAssociates.com or write to us at: 2501 Skyland Drive, Brookhaven, GA 30319.
WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE VISITING THE WEBSITE OR USING THE ONLINE SERVICES AND PRODUCTS PROVIDED THEREON. BY ACCESSING OR UTILIZING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM. YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS IS A CONDITION TO YOUR RIGHT TO ACCESS AND UTILIZE THE WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND PRODUCTS AND YOU SHOULD NOT USE THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
UNAUTHORIZED USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO MISUSE OF PASSWORDS OR POSTED INFORMATION, IS STRICTLY PROHIBITED. AUTHORIZED USERS OF THIS WEBSITE INCLUDE ANY USERS VISITING THIS WEBSITE FOR PERSONAL AND/OR INFORMATIONAL PURPOSES, CLIENTS AND POTENTIAL CLIENTS OF ANDVARI, ANDVARI EMPLOYEES, AND ANY OTHER USERS AUTHORIZED BY ANDVARI.
No Offer/Local Restrictions
Nothing contained in or on the Website should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, or investment or to engage in any other transaction. Not all products will be available to all investors. The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Website do so of their own initiative and are responsible for compliance with applicable local laws and regulations. The Website is not directed to any person in any jurisdiction where the publication or availability of the Website is prohibited by reason of that person's nationality, residence or otherwise. Any User subject to these restrictions must not access the Website.
Certain Andvari strategies focus on investments that are speculative and involve a high degree of risk. There can be no assurance that such investments will increase in value, that significant losses will not be incurred or that the objectives of an investment strategy will be achieved. In addition, investing in such securities and obligations may result in the incurrence of significant costs, fees and expenses, including legal, advisory and consulting fees and expenses, costs of regulatory compliance and costs of defending third-party litigation. Other risks include, but are not limited to, regulatory risk, market conditions and governmental actions, institutional risk, potential conflicts of interest, tax matters, and lack of diversification.
Andvari makes no representation, and it should not be assumed, that past investment performance is an indication of future results. Moreover, wherever there is the potential for profit there is also the possibility of loss.
All content displayed or otherwise contained on or available via this Website, including without limitation all images, text, articles, research reports, white papers, programs, photographs, illustrations, and graphics, constitutes the proprietary intellectual property of Andvari or its licensors, and are protected by U.S. and international copyright laws. By accessing or utilizing this Website, the User agrees not to directly or indirectly copy, modify, recast, create derivative works, post, publish, display, redistribute, disclose, or make available the content displayed or otherwise contained on or available via this Website, in whole or in part, to any third parties, or assist others to do the same, or otherwise make any commercial use of the materials without the prior written consent of Andvari.
No Warranty, Limitation of Liability
THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS". ANDVARI DOES NOT WARRANT THE ACCURACY OF THE MATERIALS PROVIDED HEREIN, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE THAT ANDVARI SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO ANY THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE, TO PROVIDE OR MAINTAIN YOUR ACCESS TO ONLINE SERVICES OR PRODUCTS, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN ANDVARI AND YOU. ANDVARI SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE ACCURACY, QUALITY, TIMELINESS, PERFORMANCE, RELIABILITY, OR COMPLETENESS OF THE INFORMATION OR SERVICES CONTAINED ON THE WEBSITE, OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA OR SERVICES OR PRODUCTS AVAILABLE ON THIS WEBSITE OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THESE SERVICES AND PRODUCTS. IN NO EVENT WILL ANDVARI BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF THE USE OF ANY INFORMATION OR SERVICES OR PRODUCTS MADE AVAILABLE ON THIS WEBSITE, EVEN IF ANDVARI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANDVARI SHALL HAVE NO RESPONSIBILITY TO INFORM OR NOTIFY YOU OF ANY DIFFICULTIES EXPERIENCED BY ANDVARI OR ANY THIRD PARTIES WITH RESPECT TO THE USE OF THE SERVICES, PRODUCTS OR INFORMATION PROVIDED ON OR BY THE WEBSITE.
YOU FURTHER ACKNOWLEDGE THAT NOTHING CONTAINED ON THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, STRATEGIES AND RESEARCH, ANDVARI NEWSLETTER, AND EDUCATIONAL ARTICLES) CONSTITUTES INVESTMENT, LEGAL, TAX OR OTHER ADVICE, NOR IS IT TO BE RELIED UPON IN MAKING ANY INVESTMENT OR OTHER DECISIONS. YOU SHOULD SEEK PROFESSIONAL ADVICE PRIOR TO MAKING ANY INVESTMENT DECISIONS.
WE MAY REVOKE YOUR ACCESS TO OR UTILIZATION OF THE WEBSITE FOR ANY REASON WITHOUT PRIOR NOTICE.
If any of the provisions of these Terms are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion(s).
Governing Law/Individual Arbitration of Claims
The laws of the United States of America shall govern these Terms, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction's laws. YOU AND ANDVARI AGREE THAT ALL CLAIMS OR DISPUTES CONCERNING THE WEBSITE SHALL PROCEED SOLELY ON AN INDIVIDUAL, NOT CLASS ACTION OR REPRESENTATIVE, BASIS IN BINDING ARBITRATION BEFORE AND SUBJECT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY PARTY MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR TEMPORARY INJUNCTIVE OR OTHER EQUITABLE RELIEF IN AID OF ARBITRATION.
You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website, including but not limited to (i) use of any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (ii) any attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer or database connected to the Website; (iii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (iv) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; or (v) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. Andvari reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Andvari may be entitled at law or in equity.
Social Media Policy
Andvari may publish content on social media platforms, including Facebook, LinkedIn, Twitter and YouTube (collectively, “Social Media”) for informational, educational or other business purposes. Nothing posted on Social Media should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, or investment or to engage in any other transaction. Please read these terms and conditions of use carefully before using Social Media.
Andvari’s use of a “like” or similar function on a social media site pertains only to the comment or post that is “liked” and is not an endorsement of the individual or organization who posted the “liked” content.
Andvari is not responsible for, and does not adopt or endorse, any third-party advertisements, messages, products, services, recommendations or other content that the Social Media may publish on Andvari's social media pages. Content posted on Andvari's social media pages by third parties is the responsibility of the person who posted the content. Andvari does not adopt, endorse or have any responsibility for the accuracy of content posted by third parties. Andvari reserves the right to moderate comments posted on Andvari's social media pages. This includes the right to remove content, and restrict or block users who post content, that is inappropriate or offensive on Andvari's social media pages or who have online pages with such content. Andvari also reserves the right to remove promotional content posted by third parties and may restrict or block users who have online pages that are of a promotional nature. Additionally, Andvari reserves the right to remove third-party content, and restrict or block users who post content, to comply with applicable law, including because such content may be construed to constitute testimonials, advice, recommendations or advertisements for securities-related products or services, including recommendations or testimonials of Andvari products and services.
Certain information posted by Andvari to Social Media concerning economic trends and performance is based on or derived from information provided by independent third-party sources. Andvari believes that such information is accurate and that the sources from which it has been obtained are reliable; however, Andvari cannot guarantee the accuracy of such information and has not independently verified the accuracy or completeness of such information or the assumptions on which such information is based.
Andvari is not affiliated with Social Media or any of its services. By using Social Media, you signify your agreement with the terms and conditions set forth in this Website, as well as the relevant terms and conditions of use that govern Social Media, without limitation or qualification. Andvari may at any time revise these conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions of use to which you are bound.
Third Party Content
Andvari may post content to the Website and on Social Media pages that is generated by third parties or contains links to publications or other websites that are not affiliated with Andvari. Andvari does not review or monitor any unaffiliated websites linked from or to the Website or Social Media and will not be responsible for the content or the security of any such linked website. If you decide to access the linked website, you do so at your own risk. Andvari is not responsible for the information, materials or services obtained on or from such unaffiliated websites and will not be liable in any respect for any damages arising from your access of such websites. Any such links are provided merely for the convenience of the users of the Website or Social Media and the inclusion of the links does not imply any adoption, endorsement, representation or warranty by Andvari with respect to any such website or the content or services contained through such websites.
Andvari content on the Website or Social Media may include forward-looking statements that are based on then-current beliefs and opinions of certain Andvari personnel. Such forward-looking statements may involve assumptions and known or unknown risks and uncertainties that are subject to change and may differ from actual results, performance or events that occur in the future. Forward-looking statements speak only as of the date the statements are made. Except as required by law, Andvari does not undertake any obligation to update or review any forward-looking statement whether as a result of new information, future developments or otherwise.
Certain webpages and portals on this Website may contain terms and conditions in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern such webpages.