Last updated: October 2016
This document, entitled "User Agreement and Conditions for the Use of this Website" (this "Agreement"), sets forth the terms and conditions that apply to your use of this Website (this "Site"), any content and material ("Content") from this Site as well as any other product or service offered by Pharos Capital Group, LLC (and/or any of its affiliates) (collectively, "Pharos"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, DO NOT USE THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR FULL AND COMPLETE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
In addition, when using particular areas of this Site, you will be subject to any posted guidelines or rules applicable to such areas of the Site which may be posted from time to time. All such guidelines or rules are hereby incorporated by this reference into this Agreement. Pharos reserves the right, in its sole discretion, to modify, alter or otherwise change this Agreement at any time, and you agree to be bound by such modifications, alterations and/or additions. This Agreement may be updated by Pharos from time to time without notice to you. Accordingly, Pharos recommends that you periodically visit this page to review the current Agreement.
This Site is a brief introduction to Pharos. It is not intended to be a comprehensive source of information. It contains highly condensed summaries and general statements regarding Pharos based on data that can and does change often. Therefore, PHAROS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THIS SITE OR ANY OF THE INFORMATION OR OTHER CONTENT CONTAINED ON THIS SITE.
Pharos grants you a limited, non-transferable license to use this Site in accordance with the terms and conditions of this Agreement. This Site and Content provided on this Site including, without limitation, the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Pharos except that you may download, display and print the Content presented on this Site for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the webpages, data or Content found on this Site, in any case without the prior written permission of Pharos.
You agree that you will not transmit or otherwise transfer any Content found on this Site to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site. You agree that you will not take any action that imposes a burden or load on our infrastructure that Pharos deems in its sole discretion to be unreasonable or disproportionate to the benefits Pharos obtains from your use of the Site.
Unauthorized use of this Site and/or Content contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in Content, and you must not alter, obscure or obliterate any of such notices. The use of such Content on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information that: (1) infringes the rights of others or violates their privacy or publicity rights; (2) is protected by copyright, trademark or other proprietary right, unless you have obtained the express prior written permission of the owner of such right; (3) contains a virus, bug or other item that is harmful or reasonably could be or have been expected or projected to be harmful to Pharos, this Site or other users of this Site; or (4) is used to unlawfully collude against another person in restraint of trade or competition. You will be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Site.
Any information or materials sent to this Site will become the property of Pharos and will be treated as NOT CONFIDENTIAL. Pharos may use such information for any purpose whatsoever.
You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.
All Content included on this Site including, without limitation, text, graphics, logos, button icons, images, audio clips, video clips and software is copyrighted material, trademarked material and/or other proprietary information that is owned or controlled by Pharos or its content providers that have licensed and/or agreed to allow Pharos to use such Content. In addition, all Content on this Site is copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions, and Pharos owns a copyright in the selection, coordination, arrangement and enhancement of such Content. Further, you agree that the reproduction, modification, distribution, transmission, republication, display, performance or storage of Content (including, without limitation, any registered trademarks or service marks) is strictly prohibited without the express written permission of Pharos and any other respective copyright, trademark or service mark owner (from whom you are solely responsible for obtaining permission). Violations may result in severe civil and criminal penalties.
Pharos does not disclose nonpublic personal information about current and former customers to affiliates or non-affiliated third parties except as permitted by law. Pharos does collect and maintain statistics, including IP addresses, about visitors to the Site in order to track the total number of visitors to this Site and to specific parts of this Site. Pharos may also use IP addresses to more clearly determine how visitors travel to, through and among this Site to help improve various components of the Site, including flow and Content. Such statistics will not be shared with third parties.
Certain areas of this Site are password-protected. You may not attempt to access any password-protected areas of this Site without prior written authorization from Pharos. If you have been issued a password for this Site, you agree that Pharos has granted you limited access to specific Content relevant to you, and you agree not to attempt to access other computer files. All information that Pharos provides to Site users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient's financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential.
You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for this Site, and for logging off any protected areas of the Site when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify Pharos immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party's activity related to the Site.
While Pharos attempts to include accurate and up-to-date information regarding Pharos on this Site, Pharos makes no warranties or representations as to the accuracy of information on the Site. Pharos assumes no liability or responsibility for any errors or omissions in Content on this Site. Pharos also assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any visitor communication or personalization settings. Dated Content speaks only as of the date indicated.
Pharos may make available to you through the Site a broad range of financial information that Pharos may obtain from various sources, including, without limitation, third party content providers. This includes financial market data, quotes, news, analyst opinions, and research reports (collectively, "Market Information"). Pharos does not endorse or approve the Market Information, and Pharos makes such Market Information available to you only for informational purposes. Market analyses and statements of opinions that may be provided within the Market Information on this Site are inherently uncertain and are based on a number of assumptions. You should carefully review information regarding any such analyses and underlying assumptions. Market Information may not be suitable for all persons. Pharos and its third party providers do not: (1) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information; or (2) warrant any results from your use or reliance on the Market Information. Market Information may be unreliable when posted or may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Pharos nor any third party providers are obligated to update any information or opinions contained in any Market Information, and Pharos may discontinue offering Market Information at any time without notice. You agree that neither Pharos nor any third party providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You agree that you will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Pharos to receive Market Information. If you are a securities broker, dealer, banker, or investment adviser, you agree not to use the Market Information provided by Pharos for any purpose related to your business.
Any Content (including Market Information) provided by Pharos through this Site is provided for general informational purposes only. Although the Market Information may provide information relating to investment approaches and opportunities to buy or sell securities, you should not construe any Market Information or any other Content available through this Site as legal, tax, investment, financial or other advice. Nothing contained in any Content on this Site constitutes a solicitation, recommendation, endorsement, or offer by Pharos or a third party provider to buy or sell any securities or other financial instruments, and nothing on this Site should be relied on for the purpose of making or communicating investment or other decisions. Offers can only be made where lawful under, and in compliance with, applicable law. An offer of securities in entities advised by Pharos will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity distributed by persons authorized by Pharos and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor. Pharos makes no representations that transactions, products or services discussed on this Site are available or appropriate for sale or use in any jurisdiction or by any investor. Those who access this Site do so at their own initiative and are responsible for compliance with laws or regulations of applicable jurisdictions. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any services or Content provided by Pharos through this Site. You agree that Pharos is not liable for any action you take or decision you make in reliance on any Content contained on the Site. Pharos will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.
Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Any transactions described on the Site as having been engaged in by Pharos are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by Pharos.
Certain information on this Site may contain forward-looking statements, which reflect Pharos' views with respect to, among other things, its operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from this indicated in these statements. You can identify these forward-looking statements by the use of words such as "outlook," "indicator," "believe," "expect," "potential," "continue," "may," "should," "seek," "approximately," "predict," "anticipate," "optimistic," "intend," "plan," "estimate," "aim," "will" or the negative version of these words or similar expressions. Pharos undertakes no obligation to update publicly or revise any information on this Site, whether as a result of new information, future developments or otherwise. Opinions and any other Content on this Site are subject to change without notice.
Pharos may from time to time monitor and review any information transmitted or received through this Site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Pharos deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this Site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this Site, you grant Pharos a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Content in any form, media or technology.
NEITHER PHAROS NOR ANY OF PHAROS' RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "PHAROS PERSONS") MAKES ANY WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. NO PHAROS PERSON WARRANTS THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, FREEDOM FROM VIRUSES AND MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY AND SPEED OF DELIVERY AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NO PHAROS PERSON WARRANTS THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM A PHAROS PERSON WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NO PHAROS PERSON ASSUMES ANY RESPONSIBILITY, AND NO PHAROS PERSON WILL BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING, USE OF, OR BROWSING IN OR ON THIS SITE OR YOUR DOWNLOADING OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT WILL ANY PHAROS PERSON BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (1) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN; (2) ANY FAILURE OR DELAY IN DELIVERY OF ANY ITEM OR MATERIAL ON, OR REFERENCED BY, THIS SITE (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING); OR (3) THE PERFORMANCE OR NON-PERFORMANCE BY ANY PHAROS PERSON WITH RESPECT TO ANY MATTERS ADDRESSED BY THIS SITE, EVEN IF SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the foregoing, any Pharos Person should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Site or its Content, the liability of such Pharos Person will in no event exceed, in the aggregate, US$100.00. In its sole discretion, in addition to any other rights or remedies available to Pharos and without any liability whatsoever, Pharos at any time and without notice may terminate or restrict your access to any component of this Site.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will defend and indemnify all Pharos Persons against any claim, cause of action or demand including, without limitation, reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site.
This Site may contain links to other websites which are provided solely as a convenience to you and not as an endorsement by Pharos of the contents of such other websites. Pharos will not be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. Links to this Site may be provided from other sites with or without Pharos's knowledge. Pharos is not responsible for the content or privacy practices of any website that is linked to or from this Site.
This Site is maintained and controlled by Pharos from its offices in Dallas, Texas, USA. Pharos endeavors to operate the Site in conformance with the laws of the United States of America. Pharos does not represent that information in the Site is appropriate or available for use in any specific location. Access to the Site from locations where its Content is illegal is prohibited. This Agreement and its performance and any claim relating to this Site or the use thereof will be governed by the laws of the state of Texas, USA, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Dallas County, the State of Texas, USA, in all questions and controversies arising out of your use of this Site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Site must be brought within two (2) years from the date on which such claim or action arose or accrued.
If Pharos takes any action to enforce this Agreement against you or any third party related to your use of this Site, Pharos will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys' fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Pharos may be entitled.
You acknowledge that a violation or attempted violation of any of this Agreement and these terms and conditions will cause such damage to Pharos as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Pharos will be entitled as a matter of right to: (1) an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, and (2) recover from you any and all costs and expenses sustained or incurred by Pharos in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security will be required in connection with such injunction.
Pharos may terminate this Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason or no reason including, without limitation, any improper use of this Site or your failure to comply with the terms and conditions in this Agreement. Such termination will not affect any right to relief to which Pharos and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to you will terminate and revert to Pharos.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These terms and conditions will be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in a writing signed by Pharos or by Pharos by making such amendments or modifications available on this Site.