Website Terms of Use
TERMS OF USE
ACCEPTANCE OF TERMS
Trafalgar Investment Advisers LLC, an Illinois sole proprietorship, makes this website (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the site (collectively, the “Materials”) and all services operated by *** and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that *** may publish from time to time (collectively, the “Terms of Use”).
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
Trafalgar Investment Advisers LLC reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, Trafalgar Investment Advisers LLC and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
In addition to the Materials and Services offered by Trafalgar Investment Advisers LLC, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. Trafalgar Investment Advisers LLC offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Trafalgar Investment Advisers LLC. You agree that you will not hold Trafalgar Investment Advisers LLC responsible or liable with respect to the Third Party Services or seek to do so.
TRADEMARK INFORMATION
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Trafalgar Investment Advisers LLC or other third parties. You are not permitted to use the Marks without the prior written consent of Trafalgar Investment Advisers LLC or such third party that may own the Marks.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Trafalgar Investment Advisers LLC or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Trafalgar Investment Advisers LLC makes no warranty that
(i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. Trafalgar Investment Advisers LLC may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and Trafalgar Investment Advisers LLC makes no commitment to update such Materials or Services.
You understand and acknowledge that (i) Trafalgar Investment Advisers LLC does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) Trafalgar Investment Advisers LLC makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Trafalgar Investment Advisers LLC shall not be liable or responsible for any content, products, or services offered by third parties.
The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Trafalgar Investment Advisers LLC assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Trafalgar Investment Advisers LLC or through or from the Site shall create any warranty not expressly stated in these Terms of Use.
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall ***, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not *** has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
INDEMNITY AND LIABILITY
You agree to indemnify and hold ***, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content, Project Content or computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Use, the actions of any member of your Work Group, or your violation of any rights of another person or entity.
SOCIAL MEDIA:
Trafalgar Investment Advisers LLC has established platforms on third-party hosted social media sites such as Facebook, LinkedIn, Twitter, YouTube, and others. Trafalgar Investment Advisers LLC has established these platforms for the benefit of clients and the public. These platforms are covered by the Trafalgar Investment Advisers LLC’s website Terms and Conditions, Privacy, and Email Discussion Group Policies. Use of these platforms will not be moderated or monitored except on an infrequent basis or as issues are brought to the Trafalgar Investment Advisers LLC’s attention. The opinions and views expressed on these platforms by clients and the public do not reflect the views of Trafalgar Investment Advisers LLC. Posting commercial information or advertising is prohibited. Trafalgar Investment Advisers LLC reserves the right to edit or remove any objectionable material or prohibit individual users from posting for any reason. Users of these platforms are cautioned that they are hosted by third-parties and governed by the privacy, terms and conditions, and other policies of the third-party host.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Trafalgar Investment Advisers LLC from its offices within the state of Illinois, United States of America. By accessing this Site, you and Trafalgar Investment Advisers LLC agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Illinois, without regard to the conflicts of laws principles thereof. You and Trafalgar Investment Advisers LLC also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Illinois with respect to such matters.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Trafalgar Investment Advisers LLC and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Trafalgar Investment Advisers LLC to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.
