Use of the Sigma Point Capital website (the "Site") and the services available through the Sigma Point Capital website (collectively called the "Service") are subject to the following Terms of Service and User License ("TOS"). Please read this document carefully before using the Service, as your use of the Service will signify your assent to be bound by these terms.
In order to use the Service, you will need equipment necessary to connect to the Internet. You are responsible for any fees associated with such connection or access. You will also need an appropriate computer, related equipment, and software to use the Service. You are responsible for all costs associated with your computer, related equipment and software. Sigma Point Capital is not responsible for any problems associated with the use of your equipment to access the Service, including but not limited to any virus or related problem.
You are responsible for all activity occurring through use of your account and/or password. You agree to immediately notify Sigma Point Capital of any actual or suspected unauthorized use of your account. Sigma Point Capital will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
You may only use the Service and any data contained in the Service for your own personal and non-commercial purposes. You agree that you will not use the Service to: submit, post, upload, or otherwise transmit any content through the Service (“User Content”) that is defamatory, libelous, abusive, tortuous, harassing, vulgar, obscene, or otherwise indecent; submit, post, upload or otherwise transmit any User Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights; submit, post, upload or otherwise transmit User Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; collect or store personal data about other members; or violate any applicable local, state, federal, or international law or regulation.
Certain content on the Service (“Service Content”), including data, news or information (“Third Party Data”) provided by third parties (“Data Providers”) and the technology underlying the Service (“Software”) are protected by copyrights, trademarks, service marks, patents, or other intellectual property and proprietary rights and laws. Sigma Point Capital and its licensors own all right, title and interest in and to the Service Content and the Software and the Data Providers retain their ownership rights in the Third-Party Data. You acknowledge that the Service, the Software, and any underlying technology used in connection with the Service contain proprietary information of Sigma Point Capital. You may not copy, duplicate, reproduce (except as stated below), publish, distribute, create derivative works of, modify, adapt, translate, rent, sublicense, assign, loan, sell, transfer, network, display to third parties other than family members or your advisers (not competing with Sigma Point Capital), transmit, compile or collect in a database, or in any manner commercially exploit any part of the Software, the Service Content or the Service.
Third party trademarks, service marks, logos, and trade names appearing on the Service are the property of their respective owners.
When you contact us, sign up for a free newsletter, or register for the Service, you consent to receive communications from us electronically. You agree that you will accept all electronic communications from us at your email address and will not make any claims against us if you do not receive any communications we send to your email address. You agree to notify us promptly if your email address changes.
Sigma Point Capital may modify, suspend or discontinue all or any portion of the Service at any time, with or without notice. Sigma Point Capital reserves the right to modify the TOS at any time. You agree to review the TOS periodically so that you are aware of any modifications. Your continued use of or registration with the Service shall be deemed your acceptance of the modified TOS.
You acknowledge and agree that Sigma Point Capital may suspend or terminate your account and/or deny you access to, use of, or submission of Service Content for all or part of the Service, without prior notice, if you engage in any conduct that Sigma Point Capital believes, in its sole discretion: (a) violates any term or provision of the TOS, (b) violates the rights of Sigma Point Capital or third parties, or (c) is otherwise inappropriate for continued access and use of the Service. You agree that upon termination, we may, but we are not required to, delete all information related to your account and may bar your access to your account and the Service.
We have no control over, and no liability for any third party websites or materials appearing on the Site. We work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
The mere appearance of any individual or company on the Site is not indicative of any endorsement by us of said individual or company. As a matter of company policy, we do not endorse any other parties.
We impose certain restrictions on your permissible use of the Service, materials and products. You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with services to any user, host, or network, including, without limitation, by means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the services; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by US in providing the Service; or (g) scraping any content from the Service. Any violation of system or network security may subject you to civil and/or criminal liability.
You may discontinue your participation in and access to the Service at any time. The TOS will continue to apply to all past use of the Service by you. We reserve the right to terminate your account for violating the TOS, your engagement in activities that we determine harm us in our sole discretion, upon request of law enforcement authorities, or for non-payment of any fees.
THE SERVICE MAY CONTAIN OPINIONS, STATEMENTS, RECOMMENDATIONS, AND INFORMATION FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. SIGMA POINT CAPITAL DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR CREDIBILITY OF ANY SUCH OPINION, STATEMENT, RECOMMENDATION OR OTHER THIRD-PARTY CONTENT CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT YOU WILL RELY ON ANY SUCH OPINIONS, STATEMENTS, RECOMMENDATIONS, INFORMATION, AND SERVICE CONTENT SOLELY AT YOUR OWN RISK. THE SERVICE, THE SOFTWARE AND THIRD-PARTY DATA ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY. NEITHER SIGMA POINT CAPITAL NOR ANY DATA PROVIDER OR SERVICE PROVIDER PROVIDES ANY WARRANTIES AS TO THE ACCURACY, ADEQUACY, QUALITY OR FITNESS, TIMELINESS, NON-INFRINGEMENT OR TITLE OF ANY THIRD-PARTY INFORMATION OR INFORMATION PROVIDED BY YOU FOR A PARTICULAR PURPOSE OR USE, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMA POINT CAPITAL AND ITS SUPPLIERS, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND THE SERVICE CONTENT, THE SOFTWARE, AND ALL INFORMATION DERIVED FROM THEM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALTHOUGH SIGMA POINT CAPITAL INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, SIGMA POINT CAPITAL DOES NOT WARRANT THAT THE SOFTWARE, THE SERVICE OR CONTENT CONTAINED IN THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICE IS FREE OF ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES WILL END NINETY (90) DAYS AFTER YOU FIRST USE THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
OUR LIABILITY TO YOU IS LIMITED. YOU UNDERSTAND THAT IN NO EVENT WILL SIGMA POINT CAPITAL OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS OR ANY DATA PROVIDER OR SERVICE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE OR LOST PROFITS, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OF OR INABILITY TO USE THE SERVICE, (II)YOUR RELIANCE ON ANY CONTENT, OR (III) ANY GOODS OR SERVICES ADVERTISED ON THE SERVICE; EVEN IF SIGMA POINT CAPITAL OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER SIGMA POINT CAPITAL NOR ANY DATA PROVIDER OR SERVICE PROVIDER SHALL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM (i) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE DELIVERY OF THE THIRD PARTY DATA OR ANY OTHER INFORMATION SUPPLIED TO YOU THROUGH THE SERVICE OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (ii) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE THIRD PARTY DATA, OR (iii) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Sigma Point Capital and its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to the Site or use of the Service, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
The TOS is entered into in San Diego, California and governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. Federal law governs copyright, patent, and trademark matters. You agree that the proper forum for claims under the TOS will be the courts of the State of California for the County of San Diego or the U.S. District Court for the Northern District of California, and you agree to submit to the jurisdiction of these courts. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys’ fees.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in this TOS to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.