Terms of use of the MASTER FUND MANAGEMENT, LLC Web Site
Your use of the web sites on which these terms reside (collectively, the “Site”), and the features at this Site are subject to these Terms of Use, which we may update from time to time. Please read these Terms of Use carefully before using this Site. By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to MASTER FUND MANAGEMENT, LLC, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the “Terms of Use”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New York law. The Site is owned or controlled by MASTER FUND MANAGEMENT, LLC and its affiliates (collectively “MASTER FUND MANAGEMENT, LLC”).
MASTER FUND MANAGEMENT, LLC reserves the right to change these Terms of Use without notice at any time. Your use of this Site after we post any changes to these Terms of Use constitutes your agreement to those changes. Any such change to these Terms of Use shall be effective upon posting to the Site. Accordingly, you agree to periodically review these Terms of Use when accessing or using the Site.
You acknowledge and agree that MASTER FUND MANAGEMENT, LLC may temporarily or permanently restrict, suspend or terminate the Terms of Use or your access to, and use of, all or any part of the Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of these Terms of Use as determined in MASTER FUND MANAGEMENT, LLC sole and absolute discretion, and without prior notice or liability. MASTER FUND MANAGEMENT, LLC will not be liable to you or any third party for any termination of your access to or use of the Site or any content you may have posted on the Site. You agree that you do not have any rights in this Site.
Each use of the Site constitutes your agreement to be bound by and comply with the then-current Terms of Use. If, at any time, you do not agree to be bound by or comply with these Terms of Use, then you should cease accessing or using this Site.
1. Ownership, Limited License to Use the Site
MASTER FUND MANAGEMENT, LLC owns and maintains this Site. All information contained in this Site is intended solely for the use of those persons who have been granted permission to use this Site and who have agreed to these Terms.
Content on this Site that is provided by MASTER FUND MANAGEMENT, LLC or its licensors, including certain graphics, photographs, images, text, software, code, screen shots, text, digitally downloadable files, trademarks, logos, service marks, product and program names, slogans, and the compilation of the foregoing, including without limitation the name or logo of Beaker, MASTER FUND MANAGEMENT, LLC, any of its affiliates and/or any other entity described on the Site (“MASTER FUND MANAGEMENT, LLC Content”) is the property of MASTER FUND MANAGEMENT, LLC and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Except as specifically permitted below, nothing contained in these Terms or the Site itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce MASTER FUND MANAGEMENT, LLC Content contained in the Site. No act of downloading or otherwise copying from this Site will transfer title to any software or material to any user hereof. Any data that you transmit to the Site becomes the property of MASTER FUND MANAGEMENT, LLC and may be used by MASTER FUND MANAGEMENT, LLC for any lawful purpose without restriction, subject to the Privacy Policy. MASTER FUND MANAGEMENT, LLC reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to all material contained in the Site.
MASTER FUND MANAGEMENT, LLC grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use. Except as described in the immediately preceding sentence, you may not copy, store, 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 Site without prior express written permission from MASTER FUND MANAGEMENT, LLC which may be withheld for any or no reason. You further agree not to download, display or use any MASTER FUND MANAGEMENT, LLC Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of MASTER FUND MANAGEMENT, LLC, in any other manner that is likely to cause confusion among consumers, that disparages or discredits MASTER FUND MANAGEMENT, LLC and/or its licensors, that dilutes the strength of MASTER FUND MANAGEMENT, LLC or its licensor’s property, or that otherwise infringes MASTER FUND MANAGEMENT, LLC or its licensors’ intellectual property rights. You further agree to in no other way misuse any MASTER FUND MANAGEMENT, LLC Content or third party content that appears on this Site.
2. Usage Parameters
Prohibited Uses. In addition to the other limitations discussed in these Terms of Use, because all servers have limited capacity and are used by many people, the following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Company in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; (g) you may not use the Site in any manner that could damage or overburden any MASTER FUND MANAGEMENT, LLC server, or any network connected to any MASTER FUND MANAGEMENT, LLC server; (h) you may not use the Site in any manner that would interfere with any other party’s use of the Site; and (i) you may not use, transfer, distribute or dispose of any information contained in the Site in any manner that could compete with the business of MASTER FUND MANAGEMENT, LLC.
Means of Access. The Site is generally intended to be viewed by a conventional Web browser. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk. You are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data. You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access and use the Site. You may not use any data mining, robots or similar data gathering and extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of the Site or any data and content found on the Site, unless such devices or methods are expressly approved in advance by MASTER FUND MANAGEMENT, LLC in writing.
Usage Monitoring. MASTER FUND MANAGEMENT, LLC reserves the right, but does not have the obligation, to access, archive, or monitor any use of this Site, or your use of this Site and your communications to the Site. Any personal information collected during such monitoring will be used in accordance with MASTER FUND MANAGEMENT, LLC’s then-current privacy policy. By using the Site, you accept MASTER FUND MANAGEMENT, LLC’s right to access, archive, and/or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with these Terms of Use, compliance with applicable laws, rules or regulations or for any other reason. You agree that MASTER FUND MANAGEMENT, LLC’s monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which MASTER FUND MANAGEMENT, LLC monitors your Site usage and enforces, or fails to enforce, these Terms of Use. You further agree that in no event will MASTER FUND MANAGEMENT, LLC be liable for any damages incurred by you as a result of MASTER FUND MANAGEMENT, LLC’s usage monitoring.
Unsolicited Ideas. MASTER FUND MANAGEMENT, LLC always welcomes consumer feedback and appreciates your interest in sharing your thoughts with the MASTER FUND MANAGEMENT, LLC. However, it is MASTER FUND MANAGEMENT, LLC’s policy not to accept or consider unsolicited ideas from outside MASTER FUND MANAGEMENT, LLC, including ideas for new or improved products or packaging, technologies, product names, or promotion or marketing strategies. Should you submit an idea to MASTER FUND MANAGEMENT, LLC, despite MASTER FUND MANAGEMENT, LLC’s policy, MASTER FUND MANAGEMENT, LLC will treat the information as non-confidential and non-proprietary and MASTER FUND MANAGEMENT, LLC will be free to use the information for any purpose and will not be obligated to return or acknowledge receipt of your submitted information.
3. Privacy Policy
MASTER FUND MANAGEMENT, LLC’s Privacy Policy posted on this website applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Please read our Privacy Policy for more information about our information collection, use practices and our use of cookies. Your use of this Site signifies your consent to those practices and use.
4. No Reliance
While MASTER FUND MANAGEMENT, LLC uses reasonable efforts to update the information contained in the Site, MASTER FUND MANAGEMENT, LLC makes no representations or warranties as to the accuracy, reliability or completeness of any information, MASTER FUND MANAGEMENT, LLC Content, or User content, at or on the Site. Any content of the Site is subject to change without notice. As noted above, permission by MASTER FUND MANAGEMENT, LLC to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice. You acknowledge that any reliance on such material or systems will be at your own risk. MASTER FUND MANAGEMENT, LLC makes no representations regarding the amount of time that any MASTER FUND MANAGEMENT, LLC Content or User Content will be preserved.
5. Materials to be Consulted in their Entirety
MASTER FUND MANAGEMENT, LLC does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by MASTER FUND MANAGEMENT, LLC without the prior review and written approval of MASTER FUND MANAGEMENT, LLC.
All materials at the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses and any copyright or proprietary notices, including those contained in these Terms of Use. Any disclaimers, restrictions, disclosures or hedge clauses 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 material or document that you consult or download.
6. Links to Third Party Web Sites
MASTER FUND MANAGEMENT, LLC has not reviewed any of the websites that may be linked to the Site, and is not responsible for the content of off-site pages or any other website linked or linking to this Site. MASTER FUND MANAGEMENT, LLC is not responsible for the privacy practices of such other websites. Your linking to or use of any websites other than this Site is at your own risk. MASTER FUND MANAGEMENT, LLC’s inclusion of links to other websites does not imply any endorsement of any kind by MASTER FUND MANAGEMENT, LLC of the material located on or linked to by such websites and should not be deemed as such by any user of the Site. MASTER FUND MANAGEMENT, LLC disclaims any responsibility for the products or services offered or the information contained on any websites other than this Site.
7. General
Both you and MASTER FUND MANAGEMENT, LLC acknowledge and agree that no partnership is formed and neither of you nor MASTER FUND MANAGEMENT, LLC has the power or the authority to obligate or bind the other.
These Terms of Use are governed by the internal laws of the State of New York, without reference to its conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in the Borough of Manhattan, New York City as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. You hereby appoint the Secretary of State of the State of New York as your agent for service of process in any such proceeding. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action. These Terms of Use operate to the fullest extent permissible by law.
The failure of MASTER FUND MANAGEMENT, LLC to comply with these Terms of Use because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of MASTER FUND MANAGEMENT, LLC, shall not be deemed a breach of these Terms of Use.
If MASTER FUND MANAGEMENT, LLC fails to act with respect to your breach or anyone else’s breach on any occasion, MASTER FUND MANAGEMENT, LLC is not waiving its right to act with respect to future or similar breaches.
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.
Last Updated June 21, 2024
