This web site (the “Site”) is owned and maintained by Red Mountain Capital Partners LLC (“Red Mountain” or “we” or “us” or “our”). By accessing or using this Site, you unconditionally agree to be bound by all of the terms, conditions and notices contained in this Site Use Agreement. These general terms and conditions in this Agreement are referred to as this “Agreement.”
By using the Site, you express your understanding and agreement that you are bound by this Agreement. If you are unwilling to be bound by these general terms and conditions, do not access or use the Site.
Red Mountain reserves the right to revise this Agreement at any time, by posting such changed Agreement on the Site, and such changes will be effective upon any further use of the Site. You are responsible for regularly reviewing these terms and conditions. By continuing to use the Site after such revisions are made, you express your understanding and agreement to such revised terms.
By using the Site, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations.
This Internet communication does not constitute an offering of advisory services or any securities. Offerings of securities are made only by private offering memoranda by persons who are registered, or not required to be registered as broker-dealers or agents in the particular jurisdiction. Such offerings are made, and such investment advisory services are offered, in general, only to persons who are “accredited investors” as defined in Rule 501(a) under the Securities Act of 1933, as amended and “qualified purchasers” within the meaning of Section 29(a)(51)(A) of the Investment Company Act, as amended. Responses to any inquiry that may involve rendering of personalized investment advice for compensation effecting or attempting to effect transactions in securities will not be made absent compliance with state broker-dealer, investment adviser, broker-dealer agent or investment adviser representative registration requirements, or applicable exemptions or exclusions from such requirements.
Intellectual Property Rights
The Site and all of its content (including but not limited to all text, images, graphics, services and other visuals), code, software, data and other materials thereon (collectively, the “Site Content”), the look and feel of the Site, the design and organization of the Site, and the compilation of the Site Content thereon, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein, are the property of Red Mountain or its licensors, and are protected by United States and international copyright, trademark and/or other laws. Red Mountain reserves all intellectual property rights not expressly granted under this Agreement.
Without limitation of the other terms and conditions set forth herein, while accessing or using the Site, the Site Content and the various other features available on the Site, you agree that you shall not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- use, redistribute, republish or exploit any part of the Site or any Site Content for any commercial or promotional purposes;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
- use the Site or its features in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, such as sending mass unsolicited messages or “flooding” servers with requests;
- circumvent, reverse engineer, decrypt, or otherwise alter or interfere with (or attempt, encourage or support any one else’s attempt to do any of the foregoing) the Site or its services or any software on the Site;
- use the Site or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right; or
- use the Site or its services (or any Site Content), in whole or in part, or submit any information to the Site, in violation of any applicable law, rule or regulation.
Links To Other Sites
Red Mountain has not necessarily reviewed any or all of the sites to which links appear on the Site and is not responsible for their contents. The inclusion of any such link on the Site does not imply endorsement or sponsorship by Red Mountain of any linked site, the use of and reliance on which is at the user’s own risk. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through such other sites, and any reliance on the contents of such a site is done at your own risk.
The material, functions, information and site content on the Site may contain technical, typographical or other errors or inaccuracies and may not be complete or current. RED MOUNTAIN DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT. Red Mountain may change any material or information on the Site at any time without prior notice, but RED MOUNTAIN DOES NOT MAKE ANY COMMITMENT TO UPDATE OR REMOVE MATERIAL OR INFORMATION ON THE SITE. RED MOUNTAIN MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE, LAWFUL OR APPROPRIATE FOR ACCESS OR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS.
WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET FORTH IN THIS AGREEMENT, THE SITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE BY RED MOUNTAIN “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. RED MOUNTAIN MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF RED MOUNTAIN. RED MOUNTAIN DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RED MOUNTAIN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, OR CONTENTS FROM OR TO THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOU SHOULD DISCONTINUE USING THE SITE.
Limitation of Liability
You agree to defend, indemnify and hold Red Mountain and its affiliated directors, officers, members, partners, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising in any way from (i) your use of the Site or the Site Content, (ii) your Submitted Materials, in whole or in part, or (iii) your breach or violation of law or this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.
Applicable Law and Dispute Resolution
Red Mountain maintains and operates the Site from its facilities in California in the United States of America. Use of the Site and its contents, all transactions arising from use of the Site, and this Agreement, shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the state of California, without giving effect to any principles of conflict of laws. Any dispute between Red Mountain and any user of the Site will be resolved by a state or federal court situated within the county of Los Angeles in the state of California, and each user hereby irrevocably submits to the personal jurisdiction of such courts for that purpose. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
We may terminate, change, suspend or discontinue any aspect of the Site at any time. We may restrict, suspend or terminate your access to the Site, to any Site Content and/or its services if we believe you are in breach of this Agreement or applicable law, or for any other reason without notice or liability.
Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. Any section headings or titles in this Agreement are inserted for convenience only and shall have no other meaning. This Agreement sets forth the entire agreement and understanding between Red Mountain and the user of the Site regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, agreements or other communications regarding the same subject matter.
Copyright and Trademark
All Site Content is subject to applicable state and federal copyright laws, rules and regulations thereunder. Specifically, all Site Content is entitled to the benefits of protection under federal copyright laws and the following copyright licensed by Red Mountain for the purpose of this site: ©2011 Red Mountain. All rights are reserved under such copyright. Note that any product, process or technology described in the Site Content may be the subject of other Intellectual Property rights reserved by Red Mountain or other third parties, and are not licensed hereunder. No materials from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report or use the Site Content for public or commercial purposes, including but not limited to, the text, images, audio and video, without prior written permission from Red Mountain. Red Mountain and the Red Mountain logo are trademarks of Red Mountain Capital Partners LLC, Los Angeles, California. All other marks, logos or other branding are property of their respective owners, and may not be used unless authorized by the applicable trademark owner.
Forward Looking Statements
Statements included herein may constitute “forward-looking statements,” which relate to future events or our future performance or financial condition. These statements are not guarantees of future performance, condition or results and involve a number of risks and uncertainties. Actual results and condition may differ materially from those in the forward-looking statements as a result of a number of factors. Red Mountain undertakes no duty to update any forward-looking statements made herein.