By accessing or using this Falcon Edge Capital, LP ("Falcon Edge") web site (the "Site"), you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and Falcon Edge, and governs your access and use of the Site, which includes any text, graphics, user interfaces, visual interfaces, information, data, tools, products, services and other content (together, "Content") and the design, structure, selection, coordination, expression and arrangement of the Content on or through the Site. You may contact Falcon Edge by e-mail (firstname.lastname@example.org) with questions about the terms and conditions of this User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, DO NOT USE THE SITE.
1. Falcon Edge grants you a limited right to use the Site.
· Your right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.
· You may not disclose any Content to any third party, except to your financial, legal or tax advisors, and others with whom you share investment decisions.
· At any time and for any reason we may revoke your right to use all or any portion of the Site.
· You may not violate or attempt to violate the security of the Site.
2. The Site is owned by Falcon Edge, its affiliates and/or third parties.
· The Site is protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by Falcon Edge, its affiliates and/or third parties.
· You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
· You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this User Agreement.
· You may print copies of any accessible portion of the Site only for your own personal use. You may discuss information that you learn from the Site with your financial, legal or tax advisors, and others with whom you share investment decisions.
· You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
3. You make certain representations and warranties regarding your use of the Site.
· You represent and warrant that: you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement; you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement; and you will not delete any Content.
· The Content may contain information, including fund terms, relating to funds in which you are not currently invested. By accessing this website, you acknowledge that you have requested for the Content to be made available to you and that this request does not arise from any Falcon Edge investor relations.
4. All Content is for informational purposes only.
· Nothing on the Site is an offer or solicitation to buy or sell any security.
· Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.
· We do not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable.
· Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice.
· If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs.
· THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.
5. There are various risks you assume in relying on the Content.
· Dated Content speaks only as of the date indicated.
· We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate.
· We may change all or any portion of the Site at any time without notice to you.
· We do not endorse the opinions of, or warrant the accuracy of facts or other Content contributed by, any third party.
· You agree that we are not liable for any action you take or decision you make in reliance on any Content.
6. Falcon Edge is not liable for any technological problems and any impact that they may have.
· All or any portion of the Site may not be available and may not function properly at any time.
· We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
· We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications.
· We make reasonable efforts to ensure that the Site is secure but we do not guarantee the security of the Site.
· We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
· We are not liable for any defects, delays or errors in or resulting from your use of the Site.
7. Falcon Edge is not responsible for information on any third party web site that is referred in, or accessible or connected by hyperlink to, the Site.
· If you access any third party web site through the Site or otherwise, you do so at your own risk.
· Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us.
8. Falcon Edge has the right but not the obligation to monitor and record activity on the Site and respond as it deems appropriate.
· We may monitor and record activity on the Site for any reason or for no reason.
· We may investigate any complaint or reported violation of our policies.
· We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.
· We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that we deem appropriate.
10. FALCON EDGEDISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM.
· THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE."
· WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF
-MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
· WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
· FALCON EDGE'S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
· IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THIS USER AGREEMENT, THE SITE, OR THE INABILITY TO USE THE SITE.
· OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE.
· UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF FALCON EDGE, ITS AGENTS AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE IS $100.
· THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
11. You will be responsible for any liability to Falcon Edge that arises out of your breach of this User Agreement or your use of the Site.
· You agree to indemnify and hold harmless Falcon Edge and its affiliates, agents, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to: -your use of the Site, your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement, your violation of any applicable law, statute, ordinance, regulation or of any third party's rights, or claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement.
12. You will be bound by revised versions of this User Agreement that Falcon Edge posts on the Site.
· Modifications will be effective immediately upon posting unless we indicate otherwise.
· Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site.
13. New York law governs this User Agreement.
· This User Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard for the conflict of laws principles thereof. Each party hereby consents to the jurisdiction of both the state and federal courts of New York. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding relating to this User Agreement.
14. You are bound by certain other general conditions.
· We may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void.
· If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this User Agreement shall remain in full force and effect.
· This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and Falcon Edge concerning the subject matter hereof.
Falcon Edge Capital, LP ("Falcon Edge") does not disclose nonpublic personal information about our clients or former clients to third parties other than as described below.
Falcon Edge collects personal information about you in connection with our providing advisory services to you or in correspondence and conversations with Falcon Edge’s representatives. This information may include other information such as your:
· Social security number;
· Investment experience;
· Transaction history;
· Income; and
· Wire transfer instructions.
Falcon Edge collects this information from you through various means. For example when you give Falcon Edge your contact information, enter into an investment advisory contract with us, buy securities (i.e., interests in a fund) from Falcon Edge, tell Falcon Edge where to send money, or make a wire transfer. Falcon Edge also may collect your personal information from other sources, such as our affiliates or other non-affiliated companies.
All financial companies need to share customers’ personal information to run their everyday business and Falcon Edge uses the personal information we collect from you for our everyday business purposes. These purposes may include for example:
· To provide advisory services to you;
· To open an account for you;
· To process a transaction for your account;
· To market products and services to you; and
· To respond to court orders and legal investigations.
Falcon Edge may provide your personal information to our affiliates and to firms that assist us in servicing your account and have a need for such information, such as a broker or fund administrator. Falcon Edge may also disclose such information to service providers and financial institutions with whom we have joint marketing arrangements (i.e., a formal agreement between nonaffiliated financial companies that together market financial products or services to you, such as placement agents). Falcon Edge requires third-party service providers and financial institutions with which we have joint marketing arrangements to protect the confidentiality of your information and to use the information only for the purposes for which we disclose the information to them. These sharing practices are consistent with Federal privacy and related laws, and in general, you may not limit our use of your personal information for these purposes under such laws. Falcon Edge notes that the Federal privacy laws only give you the right to limit the certain types of information sharing that we do not engage in (e.g., sharing with our affiliates certain information relating to your transaction history or creditworthiness for their use in marketing to you, or sharing any personal information with nonaffiliates for them to market to you).
To protect your personal information from unauthorized access and use, Falcon Edge uses security measures that comply with Federal law. These measures include computer safeguards and secured files and buildings.
This Site may use "cookies," which from time to time automatically collect certain information and data. "Cookies" are small pieces of data sent to your computer browser from our web server and stored on your computer's hard drive. The data identifies you as a unique user and facilitates your ongoing access to and use of this web site. Cookies also help us diagnose problems with our server.