KENSICO CAPITAL MANAGEMENT CORP
Terms of Use
AS USED HEREIN, THE TERMS “YOU” AND “USER” SHALL MEAN ANY VISITOR TO THE WEB SITE.
This web site is maintained by Kensico Capital Management Corp. (“Kensico”) at www.kensicocapital.com (the “Web Site”). Your use of the Web Site is subject to the following Terms of Use (“Terms”).
These Terms are a binding contract between you and Kensico. By using or accessing the Web Site, you accept and agree to be bound by these Terms. Your use of the Web Site is governed by the version of the Terms in effect on the date the Web Site is accessed by you. Kensico may modify these Terms at any time and without prior notice. You should review the most current version of this document by visiting www.kensicocapital.com and clicking on the Terms of Use hyperlink located at the bottom of the page.
USE OF THE WEB SITE
The content and information on the Web Site is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. User accesses, uses, and relies upon such content at user’s own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on this Web Site. The information of this Web Site is not intended as an offer or solicitation for the purchase of any stock, any other security or any financial instrument or to provide any investment service or investment advice in any jurisdiction.
WEB CONTENT AND MATERIALS
Kensico may discontinue or make changes in the information described herein at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only or, if no date is stated, the date of first posting. We do not undertake any obligation or responsibility to update or amend any information on this Web Site.
INTELLECTUAL PROPERTY
You acknowledge and agree that the content and information on this Web Site and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with such content and information, are and shall remain, the property of Kensico, or as applicable, its licensors. You are not granted any license or ownership of any intellectual property rights in or to the content or information on this Web Site by implication, estoppel or other legal theory, except for the limited license to use this Web Site for information purposes only. All rights in and to such Web Site content or information are hereby reserved and retained by Kensico or, as applicable, its licensors. You further acknowledge and agree that the following company names and their related logos and all related product and service names, design marks and slogans are trademarks and service marks owned by Kensico including, but not limited to: “KENSICO,” “Kensico Capital” and “Kensico Capital Management” (the “Kensico Marks”). You are not authorized to use the Kensico Marks in any manner without the prior written consent of Kensico, which may be withheld for any or no reason.
The Web Site may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Web Site is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of these Web Site Terms and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software.
REPRODUCTION OF MATERIALS
Materials and information posted on the Web Site may not be duplicated, copied, re-disseminated or re-distributed to any other person or entity. Re-dissemination and re-distribution includes, without limitation, making any such materials and information available via the Internet or via any other electronic means of access.
NO OFFER
The materials and information posted here are presented for informational purposes only, and are not an offer or solicitation for the purchase of Kensico or sale of any securities or financial instruments or to provide any investment service or investment advice.
LINKS AND THIRD PARTY CONTENT AND SERVICES
You acknowledge that the Web Site may permit access to links, products, services, websites, advertisements, recommendations, advice, information, and materials created and provided by third parties (“Third Party Content and Services”). Kensico hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, non-infringement of third party rights, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, decency, legality, or any other aspect of the Third Party Content and Services. You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party through the Web Site are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from your transaction of business over the Internet or your use of Third Party Content and Services, and you agree that Kensico and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such Third Party Content and Services. Furthermore, you acknowledge and agree that these Web Site Terms of Use do not grant you any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property rights in the Third Party Content or Services or any products, services, processes or technology described or offered therein. Third Party Content and Services provided or accessed from this Web Site are strictly for informational purposes and are not an endorsement or recommendation of the site, company, content, or its sponsoring organization by Kensico.
LIMITATION OF LIABILITY
Because of the possibility of human and mechanical error as well as other factors, the Web Site (including all information and materials contained on the Web Site) is provided “as is” and “as available”. Kensico and any third party data providers:
No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing Kensico’s responsibilities and obligations to clients in accordance with applicable laws and regulations.
Under no circumstances will Kensico be liable to any lost profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages arising out of any use of or inability to use the Web Site or any portion thereof, regardless of whether Kensico has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.
TERMINATION
Kensico may terminate your access to the Web Site for any reason, without prior notice.
GOVERNING LAW
Unless otherwise agreed, these Terms and their enforcement are governed by the laws the State of Delaware, without regard to conflicts of law, and shall inure to the benefit of Kensico’s successors and assigns, whether by merger, consolidation, or otherwise.
SEVERABILITY
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.