1. TERMS AND CONDITIONS
2. GRANT OF LICENSE
3. NATURE AND USE OF SITE
The Site and its content are not intended as an offer to sell or the solicitation of an offer to purchase an interest in any investment product. Any such offer or solicitation, if made, may be made solely by delivery to qualified eligible investors of, and are governed by, definitive agreements and disclosures regarding such investment product, which definitive agreements and disclosures should be reviewed carefully to determine whether an investment is suitable for such investor. The content is not complete and does not contain certain material information about Promethean and its products and services. You acknowledge that Promethean may act as a sales agent, selling agent, placement agent, solicitor or introducer (or in a similar capacity) in respect of various issuers and will be separately compensated in such capacity. Promethean’s receipt of compensation should not be construed as an endorsement of any investment by Promethean. The Site is provided solely for informational purpose and is not intended to be, nor should it be construed or used as investment, tax, or financial advice, any recommendation, or, as stated above, an offer to sell, or a solicitation of any offer to buy, an interest in any security. While the information contained on the Site has been obtained from sources believed reliable, neither Promethean nor any information provider represent or guarantee that the information on the Site is accurate, timely, valid or complete or make any warranties with regard to the results that have or may be obtained from its use. IF YOU ARE IN ANY DOUBT AS TO WHETHER THIS WEB SITE CAN BE LAWFULLY USED BY YOU DO NOT USE THE SITE.
You acknowledge that you are capable of independently analyzing the content and Promethean’s products and services using your own expertise, due diligence and decision making, and you are solely responsible for any investment or other decisions made by you through your use of the content and for any and all results achieved thereby, whether for your own account or on behalf of others. You understand that an investment in any security, financial product, instrument or investment strategy is subject to a number of risks. No representation is made that any person utilizing Promethean’s products or services will or is likely to achieve its objectives, that any investment strategy or risk management will be successful, or that any such person will or is likely to achieve results comparable to any shown or will make any profit or will be able to avoid incurring losses. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.
Any statements, assumptions, assessments or the like (collectively, “statements”) regarding future events or that are forward-looking, or reflect past, present or future market conditions or commentary (or reviews, outlooks or similar Content), constitute only subjective views, outlooks, estimations or intentions, are based upon our or the source’s expectations, intentions or beliefs, should not be relied on, are subject to change due to a variety of factors, including fluctuating market conditions, and involve inherent risks and uncertainties, both general and specific, many of which cannot be predicted or quantified and are beyond Promethean’s control. Such risks and uncertainties include, without limitation, the adverse effect from a decline in the securities or futures markets, the correlation or non-correlation between strategies or markets, a general downturn in the economy, competition from other companies, changes in governmental policy or regulation, inability to attract or retain key employees, or inability to implement our strategies. Future evidence and actual results could differ materially from those set forth in, contemplated by, or underlying these statements. In light of these risks and uncertainties, there can be no assurance, and no representation is given, that these statements are now or will prove to be accurate or complete in any way. Promethean undertakes no responsibility or obligation to revise or update such statements. Statements expressed herein may not necessarily be shared by all personnel of Promethean or its affiliates.
4. NO INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS
The information on the Site is intended for informational, educational and research purposes only. Promethean does not provide recommendations, investment advice or any other advice to you or any other party through the Site, and no information or material at the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Accordingly, Promethean does not offer advice regarding the quality or suitability of any investment and assumes no responsibility or liability for any investment decisions or advice, treatment, or services rendered by any person or entity mentioned, featured or linked to on the Site. Neither the information nor any opinion contained on the Site constitutes investment advice or an offer or a solicitation by Promethean for the purchase or sale of any securities, futures, options or other financial instruments. This material and any views expressed herein are provided for informational purposes only and should not be construed in any way as an endorsement or inducement to invest with any investment or type of investment. Before making any investment decision, you are advised to consult with your professional advisors as to whether such investment is suitable and/or do such other due diligence as may be appropriate under the circumstances. Promethean does not perform due diligence on behalf of any person and shall have no liability for investment decisions based upon, or the results obtained, from the content provided herein.
5. INTELLECTUAL PROPERTY RIGHTS
All material contained on or available through the Site, unless otherwise indicated, is proprietary and is protected by law including, but not limited to, copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Promethean does not grant any express or implied right to users of the Site under any patent(s), copyright(s), trademark(s), or trade secret information. Accordingly, unauthorized use of any material contained on the Site by you will violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes. Promethean and all other names, logos, and icons identifying Promethean’s products and services are proprietary marks of Promethean, and any use of such marks without the express written permission of Promethean is strictly prohibited. Other product and company names mentioned herein may be the trademarks of their respective owners.
7. SITE SECURITY
The Site may contain links to other Web sites (See “Links to Other Sites” below). Promethean is not responsible for the content or privacy practices or policies of such Web sites. The Site has strict security measures in place to protect against the loss, theft, misuse and/or alteration of the information contained on the Site.
8. 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 Promethean has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, Promethean 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. You assume the sole and complete risk for using the Site and must make your own determination as to these matters.
9. SECURITY OF SITE
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Promethean reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible criminal activity on the Site. Promethean will also comply with all lawful court orders and governmental, regulatory and law enforcement requests involving such information.
11. ADVERTISERS ON THE SITE
Promethean, in its sole discretion, may post the advertisements of third parties on the Site. Promethean’s posting of such advertisements is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services or products by Promethean. Your acceptance of such advertised services or products is at your own risk based upon such due diligence as you have determined is appropriate. Your correspondence and any other dealings with advertisers found on the Site are solely between you and such advertiser. You agree that Promethean shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site. Moreover, you acknowledge that Promethean shall not be responsible or liable for the statements, product, services or conduct of any such third party on the Site.
12. LINKS TO OTHER SITES
Promethean may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information and services or otherwise. Promethean has not reviewed the content of any site owned by a third party that may be linked to the Site and exercises no control over such sites. Accordingly, Promethean expressly disclaims any responsibility and shall not be liable for the content (or any errors, misrepresentations, or omissions therein), the accuracy and timeliness of the information, the download, transmission or delivery of any such information and/or quality of products or services provided by or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party. See also “Disclaimers.”
13. EVENTS BEYOND PROMETHEAN’S CONTROL
You expressly absolve and release Promethean and its affiliates and each of their respective officers, directors, members, partners, shareholders, employees, agents, advisors and representatives (collectively, “Promethean and Its Affiliates”) from any claim of harm resulting from a cause beyond Promethean’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or other natural disasters, strikes or other labor problems, wars, terrorist attacks, or governmental restrictions.
THE MATERIALS AT THE SITE ARE PROVIDED “AS IS.” SUCH MATERIALS HAVE BEEN GATHERED AND DERIVED FROM SOURCES BELIEVED TO BE RELIABLE. HOWEVER, PROMETHEAN HAS NOT INDEPENDENTLY VERIFIED THE INFORMATION AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING REGARDING THE ACCURACY, TIMELINESS, VALIDITY OR COMPLETENESS OF THE INFORMATION, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OR THAT THE SERVICE WILL REMAIN UNINTERRUPTED. PROMETHEAN FURTHER ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, FUNCTIONS OR SERVICES CONTAINED AT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROMETHEAN AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USE OF THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE INFORMATION ON THE SITE IS INTENDED FOR INFORMATIONAL, EDUCATIONAL AND RESEARCH PURPOSES ONLY. ACCORDINGLY, PROMETHEAN AND ITS AFFILIATES, DO NOT RECOMMEND, SOLICIT OR OFFER ANY INVESTMENT THROUGH THE SITE AND SHALL NOT BE LIABLE FOR ANY INVESTMENT DECISIONS, ADVICE, LOSS OF PROFITS, COSTS OR ANY OTHER INDIRECT DAMAGES RELATING TO THE SUITABILITY, ADEQUACY, VALIDITY, ACCURACY, TIMELINESS, DELAY OR COMPLETENESS OF ANY INFORMATION ON THE SITE. PROMETHEAN ALSO DOES NOT OFFER ADVICE REGARDING THE QUALITY OR SUITABILITY OF ANY INVESTMENT ADVISER OR MANAGER AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY INVESTMENT DECISIONS OR ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY INSTITUTIONAL INVESTOR, EXPERT PANELIST, BROKER DEALER, INVESTMENT ADVISER, INVESTMENT MANAGER, INVESTMENT PROFESSIONAL, ADVERTISER OR ANY OTHER PERSON FEATURED, MENTIONED OR ADVERTISED ON THE SITE. WITH RESPECT TO THE PERFORMANCE DATA PRESENTED ON THE SITE, YOU SHOULD NOTE THAT PAST PERFORMANCE IS NOT NECESSARILY AN INDICATION, AND IS NOT A GUARANTEE, OF FUTURE PERFORMANCE. UNAUTHORISED USE OF ANY MATERIAL CONTAINED ON THE SITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, TRADEMARK LAWS, TRADE SECRET LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND OTHER REGULATIONS AND STATUTES. FOR ANY AUTHORISATION REQUESTS, PLEASE CONTACT US.
15. LIMITATION OF LIABILITY AND INDEMNITY
16. NOTIFICATION FOR CERTAIN MATTERS
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content infringes your copyrights, you (or your agent) may send us a notice requesting that such Content be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you with respect to the Content, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
Notices and counter-notices should contain the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
A description of the intellectual property right that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
Notices and counter-notices with respect to the Site should be sent to:
E. Kurt Kim
Promethean Capital Group LLC
77 Moshup Trail
Aquinnah, MA 02535
E-mail for notice: email@example.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
In the event you believe in good faith that any Content is otherwise in error, please contact us at firstname.lastname@example.org with, if possible, a description of the content to be checked and the location (URL) where such content can be found on the Site, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
17. GOVERNING LAW
18. TERMS AND TERMINATION
22. RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.
23. COMMENTS AND CONTACT INFORMATION
Promethean also welcomes your feedback and suggestions about how to improve the Site. If you have questions regarding the Site or if you are interested in obtaining more information concerning Promethean and its services, please contact Promethean at email@example.com or firstname.lastname@example.org
24. ENTIRE AGREEMENT