Terms of Use
TERMS OF USE
Please read all of the following terms and conditions (“Terms of Use”) by clicking on each link and/or heading below before using the EPIQ Capital Group, LLC (“EPIQ”) website (the “Website”). Your access to and use of the Website is subject to these Terms of Use and all applicable laws and regulations. These Terms of Use constitute a legal agreement between you and EPIQ. The Website is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. By accessing and using the Website, you accept, without qualification, these Terms of Use.
NO SECURITIES OFFERING OR INVESTMENT ADVICE
The information on this Website (the “Information”) is not intended as and does not constitute investment advice or an offer of investment advice, legal or tax advice, an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The Information should not be construed as EPIQ’s endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving the Information, including but not included to the risk that any such Information is or becomes untimely, is or becomes erroneous due to technical or other errors, is incomplete, and/or other risks related to the display, source or accuracy of the Information, including risks that may be currently unknown to EPIQ. You should carefully evaluate all Information, and you should seek the advice of professionals, as appropriate, to evaluate any data, Information, product or service. Private funds or other private investments sponsored, managed, recommended and/or advised by EPIQ are not offered through the Website. An offer regarding any private investment may be made only after you have received from EPIQ applicable subscription documentation and other legal documents concerning the investment at issue and have had the opportunity to discuss all matters concerning the prospective investment with your counsel and any other relevant advisers. The Website does not provide Information material to an investor’s decision to invest in any such investment, including, but not limited to, risk factors.
IMPORTANT PORTFOLIO AND PERFORMANCE INFORMATION
Portfolio Information (including the Information contained in any user-generated report) is based on data received from custodians, or in the case of limited partnership (or other private investment vehicles) or private placement positions, inputted data received from these entities or their designated administrators. The values and performance presented for private investment vehicles are preliminary, unaudited and subject to change. The Information provided may be subject to timing, reconciliation, or other differences than those reported by your custodians or other investment vehicles. Please refer to information provided directly to you from your custodians and investment vehicles as the primary source for holdings, cost basis and transactional data. If you feel you are not receiving any custodial statements or investment vehicle reports for assets managed by EPIQ, please contact your EPIQ client team promptly. The Information provided for your portfolio may also include unmanaged assets and brokerage or other investment accounts not managed by EPIQ. Users that have provided access to Information about assets not managed by EPIQ will see returns reflective of the Information provided. Net performance results reflect the deduction of advisory fees, brokerage or other commissions, and any other expenses. Performance results reflect the reinvestment or payment of dividends and other earnings. Any market or composite indices presented on the Website or included in a report are for informational purposes only. They should not be interpreted as a direct comparison to any strategies used by EPIQ to manage accounts or investments. Past performance is not indicative of future returns. Investing in securities involves risk of loss.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Website is for your personal and non-commercial use. EPIQ hereby grants you a nonexclusive, non-transferable and limited personal license to access and use the Website, conditioned on your continued compliance with these Terms of Use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any data, Information, products or services obtained from the Website. Except as specifically approved by EPIQ, you may not allow others to use your user name and password to access or use any part of the Website. If your password has been compromised for any reason, you should contact EPIQ immediately for a new password. All Information on the Website is subject to confidential treatment and is made available solely for your authorized use in connection with your investment activities. You are prohibited from using the Website to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission of EPIQ. The Website is available only for lawful purposes, and you are prohibited from using the Website in any way that is fraudulent or illegal or for any fraudulent or illegal purpose.
PRIVACY
By accessing the Website, you represent and warrant that you have reviewed, and agree to be bound by, EPIQ’s Privacy Notice and all policies described therein. EPIQ’s Privacy Notice is available by clicking here or upon request.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE DATA, INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE RESULTS OBTAINED THEREFROM ARE NOT GUARANTEED BY EPIQ OR ANY PERSONS CREATING OR TRANSMITTING SUCH DATA, INFORMATION, PRODUCTS AND/OR SERVICES. EPIQ AND/OR ITS RESPECTIVE THIRD-PARTY SERVICERS AND/OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE WEBSITE AT ANY TIME WITHOUT NOTICE. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS. EPIQ AND/OR ITS THIRD-PARTY SERVICERS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE DATA, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH DATA, INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EPIQ AND/OR ITS RESPECTIVE THIRDPARTY SERVICERS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS DATA, INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE WEBSITE. IN NO EVENT SHALL EPIQ AND/OR ITS THIRD-PARTY SERVICERS AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EPIQ OR ANY OF ITS THIRD-PARTY SERVICERS AND/OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EPIQ AND ANY PERSON CREATING OR TRANSMITTING THE DATA AND INFORMATION ON THE WEBSITE SHALL NOT BE LIABLE FOR ANY INFECTION BY VIRUSES OF OR DAMAGE TO ANY COMPUTER THAT RESULTS FROM YOUR USE OF, ACCESS TO OR DOWNLOADING OF SUCH INFORMATION. IF YOU ARE DISSATISFIED WITH THE DATA, INFORMATION, PRODUCTS OR SERVICES OFFERED AT THE WEBSITE OR WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE WEBSITE.
OWNERSHIP OF CONTENT
The Website and all of its content (except for investor-specific data and other content owned by individual users), including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of EPIQ and/or its third-party servicers and/or suppliers and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted. All registered and unregistered trademarks and service marks of EPIQ are proprietary to EPIQ. If the Website includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by EPIQ or any third party, without EPIQ’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of EPIQ’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of EPIQ.
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or any other company in the Website are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of EPIQ or that EPIQ endorses, recommends or approves the services or products of such companies.
MODIFICATION AND MONITORING OF WEBSITE
EPIQ may, at its discretion, change, modify, add or remove portions of these Terms of Use at any time without notice to you. EPIQ expressly reserves the right to monitor any and all use of the Website.
TERMINATION AND CANCELLATION
EPIQ may modify or terminate the Website and terminate your access to the Website without notice at any time and for any reason.
INDEMNITY
You agree, at your own expense, to indemnify, defend and hold harmless EPIQ, its subsidiaries and affiliates, and their officers, directors, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use or the Privacy Policy, your use of the Website or any product or service related thereto, or any of your other acts or omissions.
JURISDICTIONAL ISSUES AND APPLICABLE LAW
Unless otherwise specified, EPIQ controls and operates the Website from its offices within the State of California, United States of America. EPIQ does not claim that materials in the Website are appropriate or available for use in locations other than California. If you choose to access the Website from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws. These Terms of Use are governed by the laws of the State of California, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in the City and County of San Francisco, California, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Website or any product or service related thereto. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
GENERAL
You agree that no joint venture, partnership, employment or agency relationship exists between you and EPIQ as a result of these Terms of Use or use of the Website. EPIQ’s performance of these Terms of Use is subject to existing laws and legal process, and nothing in these Terms of Use is in derogation of EPIQ’s right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by EPIQ with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. By reviewing or using the Information after accessing the Website, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding (c) you are expected to and will periodically review this page to take notice of any changes made by EPIQ, and (d) you will use the Information in a manner consistent with applicable laws and regulations and in accordance with these Terms of Use, as EPIQ may amend them online or otherwise from time to time and with or without notice to you of such amendments. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Use constitute the entire agreement between you and EPIQ with respect to the Website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EPIQ with respect to the Website. You agree to be bound by any agreement or consent you transmit to or through the Website via any media or electronic device, including internet, telephone and wireless devices.