|

Terms of Use
Cephus Capital Management Terms and Conditions
of Use - User Agreement
Questions regarding this User Agreement should be directed to
Cephus.com Customer Support before use of Cephus.com's Website.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE.
1. General Terms and Conditions
By using this Website, you signify your assent to these terms
and conditions of use. If you do not agree to these terms of use,
please do not use this Website. We reserve the right, at our discretion,
to change, modify, add or remove portions of these terms at any
time. Please check these terms periodically for changes. All changes
shall automatically be effective 30 days after they are initially
posted on this Website.
2. Non-Solicitation Disclaimer
The information contained on this Website is not an offer to sell,
or a solicitation of an offer to buy, the investment funds, products
or services mentioned in this Website in jurisdictions in which
the offer or sale of these investment funds, products or services
is not qualified, or otherwise exempt from registration. No offers
or sales will be made in such jurisdictions.
3. Proprietary Information and Third-Party Content
Except for content supplied by third parties, the content of this
Website, including without limitation any trademarks, service
marks, logos and other text contained within it, is proprietary
to Cephus Capital Management LLC (“Cephus”). Third-party content
are the property of their respective owners. Cephus does not control
such Websites, and is not responsible for their content. No person
or entity using this Website may copy, modify, publish, distribute,
transmit, transfer or otherwise disseminate any of the content
of this Website without the prior written authorization of Cephus
and, if applicable, its licensors.
4. Limit on Liability
The information and content provided by this Website are general
in nature and are for informational purposes only. They are not
intended, and should not be construed, as legal, tax or investment
advice. ALL CONTENT AND INFORMATION ARE PROVIDED “AS IS” AND THERE
ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR USE, OR NON-INFRINGEMENT. CEPHUS AND ITS AFFILIATES DISCLAIM
ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM THE USE
OR INABILITY TO USE THIS WEBSITE.
5. Jurisdiction and Governing Law
This Website is controlled by Cephus from its offices in the State
of California, United States of America. By accessing this Website,
both you and Cephus agree that the statutes and laws of the State
of California, without regard to conflicts of laws principles
thereof, will apply to all matters relating to use of this Website.
You and Cephus also agree to hereby submit to the exclusive personal
jurisdiction and venue of the Superior Court of Contra Costa County
with respect to such matters.
6. Privacy Policy
Client and account information are private to Cephus. No such
information will be distributed to any person outside of Cephus
except as required by applicable law. Client and account information
will not be used at anytime for solicitations.
7. Breach of User Agreement
If you breach the terms and conditions of this User Agreement,
without limiting any other remedies Cephus may have under applicable
law, we may limit your activity, issue a warning, temporarily
suspend, indefinitely suspend or terminate your account and/or
refuse to provide our services to you.
8. Indemnity
You agree to indemnify and hold Cephus and its affiliates harmless
from any claim, action, demand, cost, expense or loss, including
without limitation reasonable attorneys' fees, made by any third
party due to or arising out of your breach of this User Agreement,
or your violation of any law or the rights of a third party.
9. Entire Agreement
This User Agreement constitutes the entire agreement between you
and Cephus with respect to this Website and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Cephus with respect
to this Website. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained
in printed form.
You agree that this User Agreement may be automatically assigned
by Cephus in our sole discretion. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope
or extent of each provision of this Agreement. Any failure by
Cephus to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement
between us with respect to the subject matter hereof.
Any rights not expressly granted herein are reserved.
|