INDEX
Section1. Web Site Ownership and Operation
Section2. Applicability of Terms
Section3. Grant of License
Section4. Copy of Terms
Section5. Confidentiality
Section6. Confidentiality on Internet
Section7. No Investment Advice or Recommendations
Section8. Not an Offer to Buy or Sell
Section9. 30 Day Waiting Period
Section10. Jurisdictional Information and Geographic Limitations
Section11. Disclosure of Potential Relationships
Section12. Modification of Terms
Section13. Monitoring of Web Site
Section14. Redistribution of Information
Section15. Third-Party Content
Section16. Trademark and Copyright Information
Section17. Acceptable Use Policy
Section18. Privacy and Security
Section19. Contents of the Web Site - Disclaimer
Section20. Operation of the Web Site - Disclaimer
Section21. Limitation of Liability
Section22. Limitations as to Sections 19, 20 and 21
Section23. Indemnification
Section24. Severability
Section25. Headings
Section26. Governing Law
Section27. Force Majeure
Section28. Entire Agreement
Section29. Modification and Termination of Service
1. Web Site Ownership and Operation
a. This Web Site is owned and operated by Alternative Investments Research and Technologies LLC, together with its affiliates (collectively "AIRT"), a wholly owned subsidiary of Crédit Agricole Structured Asset Management Americas LLC ("CASAM Americas"), either alone or in conjunction with affiliates, agents or partners (collectively, "we," "us" or words of similar import).
b. This Web Site is intended to be available only to pre-approved persons and to the respective directors, officers, employees and agents of such persons who are duly authorized to act on behalf of such persons with respect to this Web Site. Such persons and duly authorized representatives are referred to in these Terms as "user," "users" or "you" and by words of similar import. It is the responsibility of such users to take reasonable steps to cause their respective representatives to comply with these Terms. Each user is requested to bring to our attention promptly any aspect of the material on, or the functionality of, this Web Site that is not to the user's satisfaction or appears defective in any way.
c. The terms "AIRT Web Site" and this "Web Site" mean the web site having a Uniform Resource Locator (or URL) of www.casamhedge.com or www.airtdata.com. AIRT may also use other related URLs that will re-direct the user to www.casamhedge.com or www.airtdata.com.
2. Applicability of Terms
a. These Terms apply to the use of this Web Site and to the use through this Web Site of the various features that are accessible, or may become accessible in the future, from this Web Site (collectively, "Tools"). The use of some or all of the Tools may be subject to disclosures or disclaimers that are contained within or linked to those Tools.
b. Aspects of the use of this Web Site may also be governed or conditioned upon the provisions in separate agreements executed between AIRT and you. These agreements may contain provisions that are in addition to these Terms. If there is an inconsistency between these Terms and any such agreements, the inconsistency will be resolved in favor of the agreements.
3. Grant of License
Subject to the Terms stated herein, AIRT grants to user a non-exclusive, non-transferable, non-sublicensable and revocable license to use, for informational, internal business purposes only, this Web Site. Except to the extent expressly provided in the Terms, the forgoing license does not entitle User to receive from AIRT any documentation, technical support, or telephone assistance in respect to this Web Site. All rights not specifically granted hereunder are expressly reserved by AIRT.
4. Copy of Terms
You may use your browser to download and/or print out a copy of these Terms for your records. We encourage you to do so. However, we reserve all our copyrights in the Terms.
5. Confidentiality
a. You may obtain direct access via this website to certain confidential information of AIRT, including without limitation performance data, methodology, and other valuable information that should reasonably be understood to be confidential ("Confidential Information"). The use of Confidential Information hereunder shall be limited solely to and for the purposes of reviewing material on this website. You must hold confidential information in strict confidence, and AIRT retains all right and title to confidential information. AIRT makes no warranty as to the accurateness or completeness of such Confidential Information. Your obligations regarding Confidential Information do not expire. In the event you are a party to a written agreement with AIRT covering the Confidential Information, then the terms of that written agreement will govern your possession and use of the Confidential Information rather than the terms set out herein.
b. As used herein, Confidential Information does not include (i) information you possessed prior to its receipt from AIRT, without an obligation on your part to keep such information confidential; (ii) information that is or becomes generally public through no act or omission by you in violation of the Terms and Conditions or any other Confidential Information; (iii) information you independently developed without the use of Confidential Information and without participation of individuals who have had access to Confidential Information. In the event you are required by law, court order or governmental authority to disclose Confidential Information, you may disclose the information after providing AIRT prior notice and opportunity to object to the disclosure; provided that you request that any information be kept confidential.
6. Confidentiality on Internet
Use of the internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While AIRT has endeavored to create a secure and reliable Web Site, please note that the confidentiality of any communications or material transmitted to or from this Web Site over the internet cannot be guaranteed.
Accordingly, AIRT and its affiliates are not responsible for the security of any information transmitted via the internet or for the consequences of any reliance on such information. User assumes the sole and complete risk for using this Web Site and must make its own determination as to these matters.
7. No Investment Advice or Recommendations
a. This Web Site and its contents are for informational purposes only. If you wish to obtain further details about any information contained on this Web Site, please contact us using the information at Contact Us.
b. You alone will need to evaluate the merits and risks associated with the use of this Web Site. Decisions based on information obtained from this Web Site or the use of the Tools are your sole responsibility, and before making any decision on the basis of this information, you should consider (with or without the assistance of a securities adviser) whether the information is appropriate in light of your particular investment needs, objectives and financial circumstances.
c. Although this Web Site may provide information relating to approaches to investing or types of securities and investments you might buy, sell or hold, no information available through this Web Site is intended or should be construed as any advice, recommendation or endorsement from us as to any legal, tax, investment or other matter. No reference to any specific security constitutes a recommendation to buy, sell or hold that security or any other security. Nothing on this Web Site shall be considered a solicitation or offer to buy or sell any security, future, option or other financial instrument or to offer or provide any investment advice or service to any person in any jurisdiction. Nothing contained on this Web Site constitutes investment advice or offers any opinion with respect to the suitability of any security, and the views expressed on this Web Site should not be taken as advice to buy, sell or hold any security. In preparing the information contained in this Web Site, we have not taken into account the investment needs, objectives and financial circumstances of any particular investor. This information has no regard to the specific investment objectives, financial situation and particular needs of any specific recipient of this information and investments discussed may not be suitable for all investors.
d. Any views expressed on this Web Site by us were prepared based upon the information available to us at the time such views were written. Changed or additional information could cause such views to change. All information is subject to possible correction. Information may quickly become unreliable for various reasons, including changes in market conditions or economic circumstances. If an investment is denominated in a currency other than the recipient's currency, changes in the rates of exchange may have an adverse effect on value, price or income. The levels and bases of taxation may also change from time to time.
e. This web site contains performance information that is subject to many risks, including, but not limited to the risks set forth below. You are cautioned that past performance is not necessarily indicative of future results. In addition, certain performance information set forth on this Web Site may be considered to be simulated or hypothetical. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the performance presented does not represent an actual investment portfolio, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity or market disruptions. Simulated investment programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any investment product will or is likely to achieve profits or losses similar to those shown. Indices may be unmanaged, may not be available for direct investment and may not reflect the payment of advisory fees and other expenses associated with a potential investment. Indices have limitations when used for comparison or other purposes because they may have volatility, credit, or other material characteristics (such as number and types of securities) that differ from other investments.
f. Statistical results have certain inherent limitations. Such analyses are based on subjective assessments and assumptions and may use one among several alternative methodologies. Other methodologies may produce different results. Accordingly such statistical analyses should not be viewed as facts and should not be relied upon as a prediction of future events. There is no guarantee that any targeted performance will be achieved.
g. AIRT is not and does not purport to be an advisor as to legal, taxation, accounting, financial or regulatory matters in any jurisdiction. The recipient should independently evaluate and judge the matters referred to herein. Certain information contained in this document is prepared from publicly available information and assumed to be accurate and correct. However, AIRT assumes no responsibility for errors, omissions or misinterpretations
8. Not an Offer to Buy or Sell
The information on this Web Site is not an offer to buy or sell, nor a solicitation of an offer to buy or sell, any security or other financial instrument. AIRT compiles data provided to it and presents it at its own discretion. This material is based on information obtained from sources that AIRT considers to be reliable; however, AIRT makes no representation as to, and accepts no responsibility or liability for, the accuracy, fairness, suitability or completeness of the information.
Any offering by a fund will be made only to qualified investors and only by means of an offering memorandum and subscription documents relating to the relevant fund and only in those jurisdictions where permitted by law. An investment in any fund is speculative and involves a high degree of risk. Investors could lose their entire investment. Any investor must be able to bear the risks involved and must meet the suitability requirements relating to such investment. Some or all alternative investment programs may not be suitable for certain investors. Prospective investors should carefully consider the risks before investing.
9. 30 Day Waiting Period
User agrees not to invest in unregistered funds posted on this Web Site for at least 30 days after the date user is granted access unless user or its affiliates already invest in any such fund or, has already been solicited for or otherwise contacted by such fund or its sponsor.
10. Jurisdictional Information and Geographic Limitations
Unless otherwise specified, we control and operate this Web Site from our offices within the State of New York, United States of America.
The information available at this Web Site, including the description of the services and products referred to on this Web Site is restricted in certain jurisdictions. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to local law and regulation. Persons who access this Web Site do so on their own initiative. Accordingly, persons who access this Web Site are required by AIRT to inform themselves about and observe such restrictions.
This information is not intended for distribution to, or use within, any jurisdiction, or use by any person, where such distribution or use would constitute a violation of law or regulation or would subject AIRT to any registration requirement within such jurisdiction.
Persons who access this Web Site are required to be authorized by AIRT or its affiliates and granted an individual password. Unauthorized access or use of this Web Site is prohibited.
Persons interested in further information regarding material on this Web Site should inform themselves as to: (a) the legal requirements within the countries of their nationality, residence, ordinary residence or domicile for such acquisitions; (b) any foreign exchange restriction or exchange control requirements which they might encounter on acquisition or disposal of securities under the laws of the countries of their citizenship, residence or domicile; and (c) the taxation consequences which might be relevant to the acquisition, holding or disposal of securities under the laws of the countries of their citizenship, residence or domicile.
11. Disclosure of Potential Relationships
We and/or our affiliates, and directors, employees, financial representatives or consultants of ours or of our affiliates, may hold positions in the securities listed or otherwise mentioned on this Web Site or in the information obtained through the use of this Web Site or the Tools. From time to time, we and/or our affiliates may perform services for, or solicit such services from, companies mentioned on this Web Site. Additionally, from time to time, we may be unable to provide information with respect to certain companies with which we have certain business relationships.
12. Modification of Terms
We reserve the right, at our discretion, to change these Terms at any time. The Terms can be accessed from links on the home page and other pages of this Web Site. If you use this Web Site after we post changes to these Terms, you accept the changed terms. We may also offer other services from time to time that are governed by different terms and conditions.
13. Monitoring of Web Site
We expressly reserve the right to monitor any and all use of this Web Site. Any information obtained by monitoring is subject to review by law enforcement organizations in connection with investigations or prosecution of possible criminal activity on this Web Site. AIRT will comply with all court orders, subpoenas and other legal processes involving requests for such information.
14. Redistribution of Information
Any ideas, suggestions, information, know-how, material, or any other content (collectively, "Provided Content") provided by fund managers or their employees and received through this Site, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for AIRT, to adopt, publish, reproduce, disseminate, transmit, distribute, sub-license, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Provided Content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and user who is a fund manager hereby waives any claim to the contrary.
15. Third-Party Content
a. All information, index data, prices, averages, quotations, performance data, financial market information, news stories, articles, academic papers and other such information available on this Web Site (collectively, "Informational Content"), are obtained by AIRT from, or are compiled by AIRT based on, sources believed to be reliable. Due to the number of sources from which the Informational Content is obtained, possible human error, possible mechanical error and the hazards associated with electronic distribution, there may be delays in transmitting and publishing the Informational Content, and the Informational Content may contain omissions, inaccuracies or other errors. AIRT does not endorse, or take responsibility for, any third party's information, services or products. AIRT may have business relationships with such third parties. No representation is made that any such third party is an "independent" authority in respect of any Informational Content prepared by such third party. All use of, or reliance on, such Informational Content is at your own risk.
b. We are not responsible for the content of any web site owned by a third party that may be linked to this Web Site via hyperlink, whether such hyperlink is provided by us or by a third party, including specifically content that may be obtained by the use of Tools that are hyperlinked to this Web Site. We provide such links in our sole discretion, only as a convenience to you, and have not tested any software or verified any information found at such web sites, including the content of any prospectus or sales literature contained on such web sites (except with respect to a prospectus or sales literature prepared by us).
c. By providing access to other web sites, we are not recommending the purchase or sale of any security referenced on any such web site, nor are we endorsing any such web site or the products or services provided by any web site's sponsoring organization. All use of, or reliance on, third parties' web sites, content, products and services is at your own risk. AIRT reserves the right to terminate any third party link, information, services or products at any time.
16. Trademark and Copyright Information
The content available through this Web Site, including, but not limited to, the Informational Content; images; charts; graphs; graphics; designs; photographs; audio and video clips; any Marks (as defined below); software and HTML code (collectively, the "Content") are the property of AIRT, of one or more of its affiliates or its licensors as the case may be, and are subject to protection by U.S. and international intellectual property laws and treaty provisions, including, but not limited to, those relating to patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights.
Subject to these Terms, and except as expressly indicated otherwise herein or on this Web Site, you agree not to (i) rent, license, sublicense, sell, lease, transfer or otherwise distribute or disclose to any third party the Content, or any portion thereof, in any form, or permit third parties access to such Content; (ii) create any investment products or services based on the Content; (iii) copy, modify and create derivative works based on the Content, including, but not limited to, using the data for population of another database, internal to user or otherwise; (iv) combine any portion of the Content, other than index data, with any other data or information for reporting purposes, including for benchmarking or peer group analysis; (v) take any action compromising or threatening to compromise (a) the enjoyment and use by any other subscriber of the Content or (b) the rights of AIRT or its licensors in the Content; (iv) use, transfer, or dispose of the data in any manner that could compete with the business of AIRT or AIRT’s affiliates, or (v) use the Content in any manner, or for any purpose, contravening this Agreement or any applicable law, rule or regulation. In the event user becomes aware of any infringement of, unauthorized access to, or other violation of the rights of AIRT or its licensors in or to the Content, user shall immediately notify AIRT.
The preceding paragraph prohibits you from, among other things, posting any Content to forums, list services, newsgroups, mailing lists and electronic bulletin boards without the prior written approval of AIRT or its affiliates. You are solely responsible for any data, text, software or other materials that you upload, post, e-mail or otherwise make available using this Web Site.
Nothing in these Terms grants you a license to develop, create or offer any financial products or services based on any of the Content found on this Web Site. To the extent approved by AIRT, you are authorized to use and download materials that are made available on this Web Site only for your own needs. You may not use, distribute, modify, transmit, or post any Content obtained from the use of this Web Site or any functions of this Web Site for public or commercial purposes, including any text, images, audio, or video without our express written permission. Specifically, you are not authorized to resell access to any such materials or to redistribute or facilitate the redistribution of any such materials for sale to others. You may not delete copyright, trademark or other intellectual property rights and proprietary notices from printouts of electronically accessed materials.
You agree and acknowledge that all trademarks, service marks, logos, names and titles, including, but not limited to, "CASAM Americas," the CASAM Americas logo (stylized with the "U" design), "Center for International Securities and Derivatives Markets," "CISDM," the CISDM logo (stylized with the "C" design), "Alternative Investment Research and Technologies LLC," "AIRT," the AIRT logo (stylized with "A" design), and any other A-based marks (collectively, the "Marks") on this Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright law. Nothing on this Web Site should be construed as granting any license or right to use any of the Marks displayed on this Web Site. Any unauthorized use of the Marks or any other Content is strictly prohibited.
You agree and acknowledge that the Marks may not be used in connection with any product or service that does not originate with AIRT, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits AIRT.
AIRT or its licensors own all rights, title and interest in and to the Content, including all copyrights, patents, trade secrets, database rights and other intellectual property associated therewith or appurtenant thereto. User expressly acknowledges that the Content was created as result of expenditure of substantial time, effort, money, creativity, and other resources, and comprises and constitutes commercially valuable trade secrets proprietary to AIRT or its licensors. User agrees to protect the Content from unauthorized disclosure or access, using measures at least as diligent as those employed by user to protect its own highly confidential information.
We respect the intellectual property rights of others, and require that persons using this Web Site do the same. In appropriate circumstances, we will terminate the access to this Web Site of any person or entity who is responsible for acts of copyright infringement. If you would like to obtain permission to make use of this Web Site in a way that is not permitted by these Terms, please send a request to do so in writing using the information on the Contact Us page.
CITIGROUP is a registered serivce mark and trademark of Citigroup Inc., is used and registered throughout the world, and is used under license by Alternative Investment and Research Technologies LLC.
"Copyright © 2006, Standard & Poor’s, a division of The McGraw-Hill Companies, Inc. All rights reserved. Standard & Poor’s including its subsidiary corporations (“S&P”) is a division of The McGraw-Hill Companies, Inc. Reproduction of S&P 500, S&P 500 Equal Weight, S&P 500 Technology Sector, and S&P SmallCap 600 in any form is prohibited except with the prior written permission of S&P. Because of the possibility of human or mechanical error by S&P’s sources, S&P or others, S&P does not guarantee the accuracy, adequacy, completeness or availability of any information and is not responsible for any errors or omissions or for the results obtained fro the use of such information S&P GIVES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR POURPOSE OR USE. In no event shall S&P be liable for any indirect, special or consequential damages in connection with subscriber’s or others’ use of S&P 500, S&P 500 Equal Weight, S&P 500 Technology Sector, and S&P SmallCap 600."
17. Acceptable Use Policy
This Section sets forth an Acceptable Use Policy ("AUP") for this Web Site.
a. Password Security.
Use of this Web Site requires that you use a username and password at all times. You may not disclose your username or password to, or share such username or password with, others. Your username and password belong at all times to us and may be revoked at any time, in our discretion, for any reason or for no reason. You accept sole responsibility for the use, confidentiality and protection of your username and password. You are solely responsible for any use of or action taken under your username and password, whether or not you have authorized such use. You are responsible for exiting or logging off each time you finish using this Web Site. A violation or attempted violation of the AUP by any third party having access to this Web Site through you or using your password will be considered a violation by you, whether or not such access was obtained with your knowledge or consent. You agree to notify AIRT immediately of any unauthorized use of your username and password or any other breach of security about which you are aware.
b. Certain Prohibited Uses. Users may not:
i. At any time that this Web Site has an e-mail facility, transmit any order for purchase or sale of securities using such e-mail facility.
ii. Use this Web Site to commit criminal or civil violations of federal, state, local or international laws, regulations or other government requirements. AIRT reserves the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators or other third parties.
iii. Violate, or attempt to violate, the security of this Web Site, including uploading, posting, e-mailing or otherwise transmitting any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware or the telecommunications equipment that is owned, leased or used by us.
iv. Use this Web Site for the distribution of any offensive materials or any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.
v. Copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this Web Site in any manner inconsistent with the purposes for which we offer it.
vi. Without our express written permission, copy, modify, or display our name or logo, or any text, graphic images, or other content from this Web Site. (To receive express written permission, you can send us an e-mail by clicking on the e-mail address on the Contact AIRT page.)
vii. Without our express written permission, redeliver any of the pages, text, images, or other content of this Web Site using "framing," redirection or similar technology or otherwise deliver this Web Site in a manner that does not maintain the integrity of the layout, content, and look and feel of this Web Site.
viii. Use devices (including software) that are designed to provide repeated automated access to this Web Site other than those made generally available by us.
ix. Include any trademark, trade name or service mark of ours or otherwise described herein, the name of any of our personnel, or any variation of any of the foregoing, as a metatag, or hidden textual element.
x. Include any trademark, trade name or service mark of ours or otherwise described herein, the name of any of our personnel, or any variation of any of the foregoing, as any other indicator that may create a likelihood or confusion or a false or misleading impression of affiliation, sponsorship, or endorsement between us and any user and/or web site.
xi. Collect or store personal data about other users of this Web Site.
xii. Upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
xiii. Archive this Web Site.
18. Privacy and Security
For information on how we use and protect the personal information you may provide on this Web Site, please go to the Web Site Privacy & Security Statement. You may not use this Web Site to collect or harvest personal information about other persons or otherwise use this Web Site in a manner that is inconsistent with their privacy or personal data protection rights.
19. Contents of the Web Site - Disclaimer
THE CONTENT AND ANY MATEIRALS MADE AVAILABLE THORUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE, NOR SHOULD IT BE CONSTRUED AS, A SOLICITATION OF ANY OFFER TO BUY AN INTEREST IN ANY FUND. WHILE WE ENDEAVOR TO OBTAIN THE CONTENT FROM SOURCES WE BELIEVE TO BE RELIABLE, WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR CURRENCY OF THE CONTENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. WE UNDERTAKE NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION. WE LIKEWISE DO NOT WARRANT THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER ACKNOWLEDGES THAT IT ASSUMES THE SOLE AND ENTIRE RISK OF ITS USE OF THE CONTENT AND ANY RELIANCE BY USER ON ANY DATA CONTAINED WITHIN THE CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE MAKE NO, AND HEREBY DISCLAIM ALL, EXPRESS AND IMPLIED WARRANTIES REGARDING THE CONTENT, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CERTAIN LINKS IN THIS WEB SITE MAY LINK YOU TO OTHER SITES ON THE WORLD WIDE WEB. THE LINKED SITES ARE NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE OR ANY CHANGES OR UPDATES TO SUCH SITES. WE ARE NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WE ARE PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY US TO, OR AN ENDORSEMENT BY US OF, THE LINKED SITE.
20. Operation of the Web Site - Disclaimer
WE ENDEAVOR TO MAINTAIN THIS WEB SITE AND ITS OPERATION, BUT WE ARE NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEB SITE OR ITS OPERATION. AS TO THE OPERATION OF THE WEB SITE, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT (i) THE OPERATION OF THE WEB SITE WILL MEET THE USER'S REQUIREMENTS; (ii) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; OR (iv) DEFECTS WILL BE CORRECTED. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEB SITE.
21. Limitation of Liability
IN NO EVENT WILL WE OR OUR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, FROM USE OR UNAVAILABILITY OR INACCURACY OF THE CONTENT, OR FOR OUR ACTIONS IN CREATING, DEVELOPING, AUGMENTING, MODIFYING, COMPILING, ABSTRACTING, INTERPRETING, PROCESSING, PRODUCING OR DELIVERING THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, TRADING LOSSES, OR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIFIC DAMAGES, HOWEVER CAUSED (WHETHER ARISING UNDER BREACH OF CONTRACT OR NEGLIGENCE OR OTHER LEGAL THEORY), WHETHER OR NOT FORESEEABLE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22. Limitations as to Sections 19, 20 and 21
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. IF USER IS DISSATISFIED WITH ANY PORTION OF THE MATERIALS OR INFORMATION PROVIDED BY THIS WEB SITE, INCLUDING BUT NOT LIMITED TO THE CONTENT, USER’S SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEB SITE.
23. Indemnification
User agrees to indemnify, defend and hold AIRT, its affiliates, licensors and agents, and the officers, directors and employees of AIRT and its affiliates, licensors and agents (the "AIRT Indemnitees") harmless from and against any liability, damage, loss, or expense (including reasonable attorneys fees and court costs) arising from or in connection with user’s use of this Web Site and the Content or user’s violation of any of its obligations under the Terms.
24. Severability
If any provision of these Terms shall be held to be unlawful, void, invalid or unenforceable by any court, or regulatory or self-regulatory agency or body, such condition shall attach only to such provision. The validity of the remaining provisions shall not be affected thereby and these Terms shall be carried out as if any such unlawful, void, invalid or unenforceable provision were not contained herein.
25. Headings
The heading of each provision hereof is for reference purposes only and in no way defines, limits, construes or describe the scope or extent of such section. Headings shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.
26. Governing Law
The laws of the State of New York will apply to all matters relating to these Terms, and they shall not be governed by the United Nations Convention on Contracts for the International Sales of Goods. These Terms shall be construed in accordance with the laws of the State of New York, without giving effect to any principles or rules of conflicts of laws to the extent such principles or rules are not mandatorily applicable by statute or would require or permit the application of the laws of other jurisdictions, as to all matters, including, but not limited to, matters of validity, construction, effect, performance and remedies. In connection with any litigation, without limiting AIRT's right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the federal and state courts located in the County of New York, New York. Any claim or cause of action you may have arising out of or related to the use of this Web Site or these Terms must be filed within one year after such claim or cause of action arose regardless of any statute or law to the contrary.
27. Force Majeure
We shall not be responsible under this Agreement for any delays in performance resulting from any cause beyond our reasonable control, including fire, explosion, flood, war, strike, riot or acts of terrorism
28. Entire Agreement
This Agreement, including any Appendices hereto and all agreements and policies incorporated herein by reference or by hyperlink, as they may be amended from time to time by us, including, but not limited to, by posting such amendments on this Web Site, constitutes the complete and exclusive agreement between AIRT and you with respect to the subject matter hereof and supersedes all prior discussions, understandings and agreements with respect to the subject matter hereof.
29. Modification and Termination of Service
a. We reserve the right to modify or discontinue all or any portion of this Web Site or any Tool made available thereby at any time without prior notice. The Web Site may also be unavailable during periods of maintenance or for other reasons.
b. We may block access to the use of all or any portion of this Web Site without prior notice in the event we elect to discontinue such service on a temporary or permanent basis or in the event that you breach these terms. We also reserve the right to block access to all or any portion of this Web Site if we have reason to believe that the general security and/or integrity of the system is being compromised.
c. We are not required to make available or to continue to make available this Web Site, and, in particular, to residents of any non-U.S. jurisdiction where we determine, in our sole discretion, that furnishing this Web Site might be unlawful under the laws of such non-U.S. jurisdiction or the laws of the U.S., or compliance with either of such laws is impracticable or commercially unreasonable.
d. We reserve the right to prohibit or restrict a particular user's access to this Web Site, without giving notice of, or a reason for, such action.
COPYRIGHT NOTICE. © Copyright 2007 AIRT. All right reserved.