Terms of Use

TERMS OF USE

By accessing this website and any and all documents and materials presented herein (collectively, the “Website”), you accept in their entirety the following terms and conditions pertaining to the use of the Website (these “Terms of Use”). Rotella Capital Management, Inc. and its affiliates (collectively, “RCM”) reserves the right to modify or discontinue all or any portion of the Website or any feature made available thereby at any time without prior notice. The Website may also be unavailable during periods of maintenance or for other reasons.

Each use of the Website constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use. The Website is not intended for distribution to, or use within, any jurisdiction, or use by any person, where such distribution or use would constitute a violation of law or regulation or would subject RCM to any additional registration requirement within such jurisdiction. RCM is not required to make available or to continue to make available the Website, and, in particular, to residents of any non-United States jurisdiction where RCM determines, in its sole and absolute discretion, that furnishing the Website might be unlawful under the laws of such non-U.S. jurisdiction or the laws of the U.S., or compliance with either of such laws is impracticable or commercially unreasonable.

1. Limited License to Use the Website

Except as specifically permitted below, nothing contained in these Terms of Use or the Website itself either grant or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo, or service mark contained in the Website, including without limitation the name or logo of RCM. RCM reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Website.

RCM grants you a limited, nonexclusive license to display and otherwise use portions of the Website solely for your own private, non-commercial informational purposes only, and to print pages from the Website only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, and other source-identifying symbols, designs, icons, images, or other information, software, or code obtained from the Website.

2. No Offer of Employment

The Website does not constitute an offer or promise of employment with respect to any employment position described on the Website. Without notice, RCM may eliminate, modify, or change any aspects of any employment described on the Website. The Website does not provide binding employment offers or any terms or conditions of employment. Any employment offer that may ensue as a result of your submission of information to RCM shall be solely in accordance with the specific terms of such employment offer, and not anything contained on the Website.

3. Password-Protected Areas

Portions of the Website are password-protected and are accessible only to users who have been issued passwords by an authorized representative of RCM. Passwords are issued only to current clients or investors of RCM, or to prospective clients or investors who have demonstrated to RCM’s satisfaction that they are eligible to receive the information on the password-protected portions of the Website. By accessing the Website, the user agrees not to provide his, her, or its password to any other person and not to redistribute any of the contents of the Website to any other person. RCM may revoke a user’s password at any time in RCM’s sole and absolute discretion.

The user understands that user shall be solely responsible for the use or misuse of all data, information, and services obtained from, and transmitted through, the Website. You shall immediately notify RCM if the Website is accessed in violation of these Terms of Use, or if the user desires to modify or eliminate its ability to use or access the Website, and RCM shall assume no liability for the user’s failure to do so. Password-protected portions of the Website may contain performance return information. Users of the Website acknowledge that past performance is not necessarily indicative of future results.

4. No Reliance

While RCM uses reasonable efforts to update the information contained in the Website, RCM makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Website. Any content of the Website is subject to change without notice.

5. Materials to be Consulted in Their Entirety

All materials at the Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any document or material that you consult or download.

6. Monitoring of Website

RCM expressly reserves the right to monitor any and all use of the Website. The user agrees that RCM may, as applicable, monitor, record, store, and retrieve any activities, transactions, or communications transmitted through or in connection with the Website. RCM is under no obligation to do so and assumes no responsibility or liability arising from the use of the Website. RCM’s communications via e-mail from the Website are not encrypted. The user acknowledges that there is a risk that data, including e-mail, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between user and RCM.

7. Links to Third Party Websites

RCM has not necessarily reviewed any of the websites that may be linked to the Website, and is not responsible for their content. RCM is not responsible for the privacy practices of such other websites. Your linking to or use of any off-Website pages or other websites is at your own risk. RCM’s inclusion of links to other websites does not imply any endorsement of the material located on or linked to by such websites.

8. No Warranty

RCM, AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY, OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE WEBSITE. ANY CONTENT OF THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. RCM HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY.

9. Limitation of Liability

IN NO EVENT SHALL RCM, AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR WITH ANY DELAY IN USING THE WEBSITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE WEBSITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF WEBSITE OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

10. General

These Terms of Use are governed by the internal laws of the State of Washington, United States of America, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in the State of Washington, United States, as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Website.

If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity, or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

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