Terms and Conditions

General

Weathergage Capital is providing this website as an information service to the Internet community. Use of this website and access to the material it contains is subject to the following terms and conditions as well as all applicable laws. Your access to or use of this website constitutes your full acceptance of these Terms and Conditions. Weathergage Capital may modify these Terms and Conditions with or without notice to you, and such modified agreement shall be effective immediately upon posting. If you do not agree to abide by these Terms and Conditions, do not use this website; your continued access to or use of this website and/or any services offered through it shall be your conclusive acceptance of these Terms and Conditions as modified.

Nothing in this site constitutes professional and/or financial advice, nor does any information on this site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Weathergage Capital’s investment advisory services are provided only to a limited number of private investment vehicles. Weathergage Capital does not make its services available to the general public. No action should be taken or not be taken in reliance upon information on this site. Advice from a suitably qualified professional should always be sought in relation to any particular investment decision, matter or circumstance.

Nothing on this site constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied upon in any connection with any contract or commitment whatsoever.

THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED “AS IS”. NEITHER WEATHERGAGE CAPITAL NOR ANY OF ITS AFFILIATES PROVIDE ANY WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WEATHERGAGE CAPITAL AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. WEATHERGAGE CAPITAL MAKES NO WARRANTY THAT ANY MATERIALS OR SERVICES PROVIDED THROUGH THIS WEBSITE WILL PROVIDE RESULTS OR INFORMATION THAT WILL BE USEFUL, ACCURATE OR RELIABLE, NOR THAT ANY ERRORS IN THE OPERATION OF THE WEBSITE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT, MEMORANDUM OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE SHALL BE AT YOUR OWN RISK.

IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THIS SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Under no circumstances will Weathergage Capital or its affiliates or any of its or their directors, officers, employees, agents or content or service providers be liable for any consequential, incidental, special, punitive, or exemplary damages arising out of any use of or inability to use this website or any portion thereof, regardless of whether Weathergage Capital or its affiliates or any of its or their directors, officers, employees, agents or content or service providers have been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise. Notwithstanding and without limiting the foregoing, you agree that Weathergage Capital’s liability and the liability of its affiliates, and of any of its or their directors, officers, employees, agents or content or service providers, if any, arising out of any kind of legal claim in any way relating to the use of this site, will not exceed the amount you paid to access the site, if any. Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitations may not apply to you. In such states, Weathergage Capital’s liability and the liability of its affiliates, and its and their directors, officers, employees, agents or content or service providers, is limited to the fullest extent permitted by such state law.

Rules Of Conduct

You agree to follow the following rules when using the Site:

You also must comply with all applicable laws and contractual obligations when you use this site.

Submissions to Weathergage Capital

If you submit or post any materials or content to this site, you grant Weathergage Capital and our affiliates a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the site is original to you and that you have the right to grant us these rights.

Please do not send any information to Weathergage Capital that constitutes a trade secret or that is confidential or proprietary. Weathergage Capital cannot agree to obligations of confidentiality or non-disclosure with regard to information submitted to it. By submitting information or materials to Weathergage Capital, you and anyone acting on your behalf agree that any such information or materials will not be considered confidential or proprietary. Weathergage Capital is not obligated to review any information or materials sent to it, and it reserves the right to reject information or materials in its sole discretion, and shall be under no obligation to return any information or materials to you. Weathergage Capital is always thinking of and creating new strategies and ideas, and may have similar ideas to those submitted by you. To avoid any disputes between Weathergage Capital and you relating to ideas that you have submitted to us, you agree that if you send Weathergage Capital your ideas, you are giving Weathergage Capital the right to use them, and you waive and release Weathergage Capital from claims that it has used your ideas without your permission.

Responsibility for Public Postings and Content

Responsibility for what is posted in public areas of our website lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of our site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "Our Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms and Conditions violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms and Conditions.

Although Our Representatives may moderate content, conduct and Terms and Conditions compliance on our website at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will "take care" of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms and Conditions violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms and Conditions violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms and Conditions violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Compliance Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

Password Protection and Registration Information

Access to certain portions of this site is password protected. Passwords should be kept strictly confidential and should not be shared with any other persons not authorized by Weathergage Capital. Weathergage Capital reserves the right to terminate at any time in its sole discretion any user’s access to password protected portions of this site.

You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that Weathergage Capital can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

You are responsible for all activity occurring when this site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. Weathergage Capital is not liable for any loss or damage arising from your failure to protect your password or account information.

Electronic Communications

The communications between you and Weathergage Capital via this site use electronic means, whether you visit this site or send Weathergage Capital an email, or whether Weathergage Capital posts notices on this site or communicates with you via email. For contractual purposes, you consent to receive communications from Weathergage Capital in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that Weathergage Capital provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.

Changes to This Site

Weathergage Capital reserves the right to make changes to, or to suspend or discontinue (temporarily or permanently), this site or any portion of this site. You agree that Weathergage Capital will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Suspension or Termination of Access

Weathergage Capital has the right to deny access to, and to suspend or terminate your access to, the site, or to any features or portions of the site, and to remove and discard any content or materials you have submitted to the site, at any time and for any reason, including for any violation by you of these Terms and Conditions. In addition, Weathergage Capital has a policy of terminating the site usage privileges of users who are repeat infringers of intellectual property rights. In the event that Weathergage Capital suspends or terminates your access to and/or use of the site, you will continue to be bound by the Terms and Conditions that were in effect as of the date of your suspension or termination.

Linked Sites and Partners

This site may include hyperlinks to other web sites as a convenience. When you select these hyperlinks you will be leaving the Weathergage Capital site. These hyperlinks take you to publicly available sites, which are not within the control of Weathergage Capital. Weathergage Capital and its affiliates, and its or their directors, officers, employees, agents or content or service providers, make no warranties, either express or implied, concerning the content of such sites, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do Weathergage Capital and its affiliates, and its or their directors, officers, employees, agents or content or service providers warrant that such sites or their content are free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such sites or content are devoid of viruses or other contamination. Links to the non-Weathergage Capital sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

In addition, some areas of the site are provided by Weathergage Capital’s third party partners and are subject to separate terms and conditions of use, which are posted within those areas.

Weathergage Capital Intellectual Property

All material on this site, on a proxy server, cache or other similar form of storage, including all copyrightable material, trademarks, logos, photos, descriptions and other original material, is the exclusive intellectual property of Weathergage Capital or its licensors or partners. All rights reserved.

You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this site unless explicitly authorized in these Terms and Conditions.

“Weathergage Capital” is the trademark of Weathergage Capital, LLC and may be registered in the U.S. and elsewhere.

Indemnification

You agree to indemnify, defend and hold Weathergage Capital and its affiliates, and its and their respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of this site, your submissions to this site, or any violation of these Terms and Conditions or applicable law by you or by someone accessing the site via your account. Weathergage Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with Weathergage Capital in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and Conditions and the termination of your use of this site.

Copyright Infringement Notices

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this site in a manner that constitutes copyright infringement, please inform Weathergage Capital’s designated copyright agent by sending written notice

by U.S. Mail to:

Brad Hammond
Weathergage Capital
228 Hamilton Avenue, Suite 300
Palo Alto, CA 94301
Phone: (650) 440-3630
Facsimile: (650) 798-5001

or by email to:

brad.hammond@weathergagecapital.com

Please include the following information in your written notice: (a) a detailed description of the copyrighted work that is allegedly infringed upon; (b) a description of the location of the allegedly infringing material on the site; (c) your contact information, including your address, telephone number, and, if available, email address; (d) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms and Conditions or on the site.

Local Restrictions

There are legal requirements in various countries and jurisdictions which may restrict the information which Weathergage Capital can lawfully provide the user. Weathergage Capital does not represent that materials on this site are appropriate or available for use in other locations. If you choose to access this site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Applicable Law; No Waiver; Severability

These Terms and Conditions, and the relationship between you and Weathergage Capital, will be governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law. Weathergage Capital’s failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions are found by a court of competent jurisdiction to be invalid, you and Weathergage Capital nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect.

Other

These Terms and Conditions and any additional terms that are referenced herein or otherwise may apply to specific areas of this site, constitute the entire agreement between Weathergage Capital and you with respect to this website. This agreement is personal to you and you may not assign it to anyone.

These Terms and Conditions are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms and Conditions may only be invoked or enforced by you or Weathergage Capital.

Weathergage is a nautical term that indicates a favorable position relative to the wind. In the Age of Sail, a ship that "had the weathergage" had a great advantage because it better controlled the time and sequence of battle.