By accessing and/or using this web site and any materials presented herein (the “Site”), you accept in their entirety the following terms and conditions (the “Terms of Use”) and privacy policy (the “Privacy Policy”) of use of the Site. You should read and familiarize yourself with the Terms of Use and the Privacy Policy. LuminArx Capital Management LP and its affiliates (collectively “LuminArx”) reserve the right to change the terms, conditions and notices under which this Site is offered without notice at any time. Each access or use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.
1. Limited License to Use the Site
Except as specifically permitted below, nothing contained in these Terms of Use or the Site either grants or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of LuminArx. The information contained on this Site shall not be published, rewritten for broadcast or publication or redistributed in any medium without prior written permission from LuminArx. LuminArx reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material in the Site.
LuminArx grants you a limited, nonexclusive license to display and otherwise access and/or use the Site solely for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that access and/or use. The information on the Site is not intended to be, and must not be, taken as a basis for an investment decision. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site.
LuminArx will not treat users of this Site as its clients by virtue of their accessing this Site. You acknowledge that your obligations under this Section 1, including with respect to disclosure and use, shall survive regardless of whether you choose to become or remain an investor in any investment fund or account sponsored or managed by LuminArx and shall further survive any termination of your access to this Site.
2. No Offer of Securities
Under no circumstances should any material on the Site be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any investment fund or account sponsored or managed by LuminArx. Any such offer or solicitation can and will be made only by means of the confidential information memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, will be offered only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of each such investment fund or account. Access to information about such investment funds or accounts is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements.
This Site may contain forward-looking statements on our current expectations and projections about future events. Statements that are predictive in nature, that depend upon or refer to future events or conditions or that include words such as “expects,” “anticipates,” “intends,” “plans,” “believes,” “estimates,” “thinks,” “seeks,” “targets,” “forecasts,” “could” or the negative of such terms or other variations on such terms or comparable terminology. Similarly, statements that describe LuminArx objectives, plans or goals are forward-looking. Any forward-looking statements are based on LuminArx’s current intent, belief, expectations, estimates and projections. These statements are not guarantees of future performance and involve risks, uncertainties, assumptions and other factors that are difficult to predict and that could cause actual results to differ materially. Accordingly, you should not rely upon forward-looking statements as a prediction of actual results and actual results may vary materially from what is expressed in or indicated by the forward-looking statements.
Certain information included in this communication is based on information obtained from third-party sources considered to be reliable. Any projections or analysis provided to assist the recipient of this communication in evaluating the matters described herein may be based on subjective assessments and assumptions and may use one among alternative methodologies that produce different results. Accordingly, any projections or analysis should not be viewed as factual and should not be relied upon as an accurate prediction of future results.
3. Links to Third Party Web Sites
LuminArx has not necessarily reviewed any of the web sites that may be linked to the Site, and is not responsible for their content. LuminArx is not responsible for the privacy practices of such other web sites. Your linking to or use of any off-site pages or other web sites is at your own risk. LuminArx’s inclusion of links to other web sites does not imply any endorsement of the material located on or linked to by such web sites.
4. No Warranty
LUMINARX, AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ANY CONTENT OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. LUMINARX HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.
5. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LUMINARX, AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE ACCESS AND/OR USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF LUMINARX OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
6. General
These Terms of Use are governed by the laws of the State of Delaware, without reference to conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, U.S. District Court in the Southern District of New York as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. You agree to waive, to the maximum extent permitted by law, any objection, including any objection based on forum non conveniens to the bringing of any such proceeding in such jurisdiction. YOU AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY.
If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
