Terms of Use


Web Site Terms of Use


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.


The 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.


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. 


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.


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 provided 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. 


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:

  • Are not providing any warranties and representations regarding the Web Site;
  • Disclaim all warranties and representations of any kind with regard to the Web Site, including any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for a particular purpose;
  • Do not warrant the accuracy, adequacy, or completeness of the information and materials contained on the Web Site and expressly disclaims liability for errors or omissions in the materials and information; and
  • Will not be liable for any delay, difficulty in use, computer viruses, malicious code or other defect in the Web Site, any incompatibility between the Web Site and the user’s files and the user’s browser or other site accessing program, or any other problems experienced by the user due to causes beyond our control.

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.


Kensico may terminate your access to the Web Site for any reason, without prior notice.


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.


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.