Thank you for visiting the website and affiliated IP addresses (the "Site) of Innovation Global Capital, LLC, a California Corporation, and its affiliates (collectively, "IGC", "we" or "us"). This Agreement (the "Agreement") explains the Terms and Conditions of Use (the "Terms") under which you may use our Site, feeds, or any other mobile or web pages, services or applications owned, controlled, or offered by IGC. You should not access or use this Site until you have carefully read and agreed to these Terms. By accessing or using the Site, you acknowledge that you have read, understood, accept and hereby agree to these Terms, which constitute a legal agreement between you and IGC. If you do not agree to these Terms, you are prohibited from using or accessing this Site. At any time and for any reason IGC may revoke your right to access all or any portion of the Site. Upon termination for any reason or no reason, you continue to be bound by this Agreement. IGC reserves the right to amend the Site and/or these Terms at any time without notice to you. Each use of the Site constitutes your full acceptance of and agreement to be bound by the Terms as modified at the time of such use. These Terms supersede all previous notices or statements regarding our terms and conditions of use with respect to this Site. The Terms apply to all visitors, users, and others (the "Users") who access the Site.
PERMITTED USE OF THIS SITE
The Site, including all of its contents, such as text, images, illustrations, design, icons, logos, photographs, audio, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, programs, downloads, systems, methods of trading, services, the coding used to generate the pages, and other content (together, "Content"), but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Site, is the property of IGC and its affiliates. Unless otherwise noted, all Content are trademarks, service marks, trade names, trade dress, logos, copyrights and other intellectual property owned by IGC, or by third parties who have licensed their materials to IGC, and are protected by United States and international patent, trademark and copyright laws.Subject to the Terms of this agreement, IGC hereby grants you a limited, personal, nonexclusive, nontransferable, freely revocable license to access, view, bookmark, and print pages from the Site for personal and non-commercial purposes only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such access. Except as otherwise provided herein, IGC does not grant, by implication, estoppel or otherwise, any license or right to use Content on this Site other than those set forth above, and you may not use, reproduce, download, upload, copy, print, display, publish, perform, post, modify, delete, edit, create derivative works from, sell or participate in any sale of or exploit in any way, transmit or distribute any Content from this Site in whole or in part, for any purpose without the specific written permission of IGC. You may not link other websites to this Site without the express written permission of IGC. You hereby grant to IGC a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of this Agreement. This license shall automatically terminate if you violate any of these restrictions and may be terminated by IGC at any time."Innovation Global Capital" is the trade name for Innovation Global Capital, LLC. IGC (or the respective company) is the owner and authorized user of any trademark, registered trademark or service mark (the "Marks") appearing on the Site, and is the copyright owner or licensee of the Content or information on the Site. IGC reserves all rights with respect to copyright and trademark ownership of all material on the Site, and will enforce such rights to the full extent of the law. Nothing on the Site shall be interpreted as granting any license or right to use any image, trademark, trade dress, logo or service mark on the Site. You agree not to display or use IGC Marks in any manner without IGC's express written permission. Anything transmitted to the Site by you becomes IGC's property and may be used by IGC for any lawful purpose.
PROHIBITED USES
The Site may only be used for lawful purposes. You may not violate any law, regulation, rule, accepted Internet protocol or the intellectual property or contractual rights of others including privacy or publicity rights. You may not tamper with any portion of the Site. You may not provide untruthful, inaccurate, false or incomplete information, trade secrets, or copyrighted information or material. You may not misrepresent your identity, or conduct fraudulent activities on the Site, whether or not through the use of agents. You are responsible for your own communications, and are responsible for the consequences of posting such communications on or through the Site.You are prohibited from violating or attempting to violate the Site's security or IGC's systems or network security, including, without limitation, the following: (a) accessing data not intended for users of the Site or gaining access to an account, server or any other computer system which you are not authorized to access; (b) disabling, removing, defeating, or avoiding any security device or system, including, without limitation, any password and login functionality used to authenticate users; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (d) attempting to interfere with the functioning of the Site, or interfere with or inhibit service to any user, host or network, including, without limitation, via any means or method of uploading invalid data or submitting any virus, worm, time bomb, software agent or any system interference, denial of service or corruptant through the Site, "attacking", "overloading", "flooding", "spamming", "mailbombing", "crashing", or sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) deciphering any transmissions to or from the servers running or affiliated with the Site; (f) forging any TCP/IP packet header or any part of the header information in any email or posting; (g) using or attempting to use any engine, software, tool, agent or other device or mechanism including, without limitation, browsers, spiders, robots, avatars or other intelligent agents to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third party web browsers; (h) copying, distributing, or disclosing any part of the Site in any medium; (i) removing or editing any notices, warnings, annotations, labels or instructions from any portion of the Site or any related material, including, without limitation, any trademark, copyright, patent, or other proprietary notices or license provisions; (j) decompiling, disassembling, or reverse engineering the underlying software; (k) interfering with the proper working of the Site; (l) bypassing the measures we may use to prevent or restrict access to the Site; (m) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; or (n) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Site. IGC has the right, but not the obligation, to monitor the Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. Violations of the Site's or IGC's systems or network security may result in civil or criminal liability, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030).
CONFIDENTIAL AND PRIVATE INFORMATION
Any communication, information, or other material submitted to IGC is not and will not be deemed to be confidential or proprietary, nor subject to any non-disclosure or non-usage obligation. IGC shall have no obligation of any kind with respect to any such information. You acknowledge and agree that IGC may have already received, or may receive, information containing concepts, ideas and/or plans that are the same as or similar to any concepts, ideas and/or plans contained in information you submit. At any time and for any purpose, either alone or with third parties, IGC will be free to use without compensation due or payable to you, any concepts, ideas, opportunities, inventions, know-how or techniques that you submit. You acknowledge and agree that IGC may collect certain information when you visit the Site.
NO SECURITIES OFFERING OR RELIANCE
This Site is for informational purposes only. No Content, information or materials presented on the Site shall be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. No representation is made that transactions, products or services discussed on the Site are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access the Site do so at their own initiative and are responsible for compliance with local laws or regulations. Offers can only be made where lawful under, and in compliance with, applicable law.The Site does not provide specific investing advice to any individual viewing the Site Contents. The investments and strategies discussed may not be suitable for all investors and are not obligations or guarantees of IGC or any of its affiliates. No information or material on the Site is to be deemed a recommendation to buy or sell any securities. Investors are advised not to rely on any information contained in this site for the purpose of making or communicating investment or other decisions, or in the process of making a fully informed investment decision. Furthermore, no information, Content, or materials contained in the Site should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. You should obtain and carefully review the prospectus for an investment before making any investment decision.
INVESTMENT PERFORMANCE
Past performance is not indicative of future results. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.Certain information on the Site may contain forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. Words such as "outlook," "believe," "expect," "potential," "continue," "may," "should," "seek," "approximately," "predict," "intend," "will," "plan," "estimate," "anticipate" or similar expressions are intended to identify forward-looking statements that are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. IGC undertakes no obligation to update publicly, revise or review any information herein, whether as a result of new information, future developments or otherwise. Opinions and any other Contents at the Site are subject to change without notice.Any transactions listed on the Site are included as representative transactions for illustrative purposes only and are not necessarily reflective of overall performance.
EXTERNAL SITE LINKS
Express written consent must be obtained from IGC for any type of link to the Site. IGC reserves the right at its sole discretion, to deny any request, at any time, or to rescind any permission granted, to link to the Site. IGC reserves the right to require termination of any such link to the Site at any time at its sole discretion. You may be able to link to third party websites ("External Sites") from or to the Site. Any links from or to other websites are provided merely for the convenience of the users of the Site. These links do not constitute or imply an endorsement, association, recommendation, representation or warranty by IGC with respect to any such External Sites. IGC does not control, review or monitor any External Sites and is not responsible for the Content, information, availability, advertising, products, services or other materials of any External Sites. IGC disclaims any responsibility whatsoever for any loss or damages arising from your access to the External Sites or the information or material accessed through such External Sites, or for the privacy policies or customer information practices of any External Sites. If you decide to link to any such website, you do so at your sole risk.
DISCLAIMER / LIMITATION OF LIABILITY / DISCLAIMER
IGC AND ITS RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS (COLLECTIVELY "RELATED PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, INTEGRITY, COMPLETENESS, AVAILABILITY, TIMELINESS OR OTHER CHARACTERISTICS OF THE CONTENT, INFORMATION OR MATERIALS PROVIDED ON THE SITE. IGC AND ITS RELATED PARTIES DO NOT WARRANT MATERIALS OR SERVICES OFFERED ON THE SITE NOW OR IN THE FUTURE.UNDER NO CIRCUMSTANCES SHALL IGC OR ITS RELATED PARTIES BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF OR ACCESS TO THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION, CONTENT OR MATERIALS OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF IGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.BY USING THE SITE, YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.TO THE FULLEST EXTENT PERMISSIBLE, IGC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, CORRECTNESS, USEFULNESS, OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE SITE, INFORMATION ON THE SITE OR THE RESULTS OBTAINED FROM USE OF THE SITE OR RELATED SERVICES. IGC DISCLAIMS ANY AND ALL WARRANTIES THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THE SITE WILL BE SECURE, UNITERRUPTED OR ERROR FREE, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS CAN BE INTERCEPTED BY THIRD PARTIES AND, ACCORDINGLY, ELECTRONIC MAIL AND OTHER TRANSMISSIONS TO AND FROM THE SITE OR MADE VIA THE SITE MAY NOT BE SECURE.AS CONSIDERATION FOR ACCESS TO THE SITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS IGC, ITS SUBSIDIARIES, AFFILIATES AND RELATED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES, LOSSES, LIABILITIES, CAUSES OF ACTION AND EXPENSES (INCLUDING ATTORNEY'S FEES), INCLUDING BUT NOT LIMITED TO ACTIONS BY THIRD PARTIES AGAIN YOU, IGC OR ANY RELATED PARTIES ARISING FROM YOUR USE OF THE SITE, ANY DECISIONS YOU MAKE BASED ON SUCH CONTENT, THE POSTING OF TRANSMISSION OF ANY MATERIALS ON OR THROUGH THE SITE BY YOU, OR ANY VIOLATION OF THIS AGREEMENT UNLESS PROHIBITED BY LAW.NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.ANY CONTENT DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE SITE IS DONE AT YOUR RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH CONTENT.IF YOU ARE NOT SATISFIED WITH THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
GOVERNING LAW AND FORUM
You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regards to conflicts of laws principles. All actions or proceedings in any way, manner or respect arising out of or from or related to this Agreement shall be litigated only in federal and state courts having situs within the City of San Francisco, State of California, which courts shall have exclusive jurisdiction over all such actions or proceedings, and all parties and their transferees hereby consent and submit to the jurisdiction of any local, state or federal court located within said city and state, and all parties and their transferees hereby waive any and all rights they may have or obtain to transfer or change the venue of any litigation brought by any party hereto against any other party hereto. You agree to waive trial by jury in any such action. Any claim or cause of action you may have with respect to IGC or the Site must be commenced within one year after the claim or cause of action arises or will be deemed to have been waived. The failure of IGC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
INTEGRATION AND SEVERABILITY
This Agreement constitutes the entire agreement between IGC and the user regarding the subject matter hereof and supersedes and preempts any prior or contemporaneous communications, understandings, agreements, proposals or representations between IGC and the user, written or oral, which may have related to the subject matter hereof in anyway. If, for any reason, a court of competent jurisdiction finds any provision in this Agreement to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of these other provisions shall continue in full force and effect.You may not assign these Terms or any of your rights or obligations under these Terms without the express written consent of IGC. These Terms shall be binding upon and inure to the benefit of IGC, and its respective heirs, legal or personal representatives, successors and assigns.No waiver by IGC of any breach of this Agreement will be deemed a waiver of any subsequent or different breach. Any rights not expressly granted herein are reserved.
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