Disclosures
This website (“Site”) is provided for informational purposes only, and nothing contained on this Site is to be construed as a recommendation or an offer to buy or sell any securities, adopt any investment strategy, or provide any investment advice or investment management or advisory services. Any such offers will only be made to eligible investors by means of final offering documents and/or agreements, as applicable, and only in such jurisdictions where permitted by law. Nothing contained on this Site constitutes tax, accounting, legal, or investment advice. Any opinions expressed on this Site may change as subsequent conditions vary. Reckoner believes that the information on the Site is accurate as of the date of publication. However, Reckoner makes no warranty of accuracy or completeness of the information, and shall not be liable for any losses or damages relating to the adequacy, accuracy, or completeness of any information on the Site or the use of such information. Decisions based on information contained on this Site are the sole responsibility of the user.
This Site and the content contained on this Site are owned by or licensed to Reckoner Capital Management LLC or its affiliates (collectively, “Reckoner”) and are protected by applicable copyrights, trademarks, and/or other intellectual property rights. You may not copy, reproduce, or distribute material contained on this Site without the written consent of Reckoner.
Reckoner does not solicit or make its services available to the general public. Any and all information and content made available through the Site, including strategies, policies, business plans, research, concepts, and other information (collectively, the “Content”), may include information regarding past and/or present investments managed by Reckoner and/or its personnel, and such Content may be incomplete or inaccurate. It should not be assumed that investments made in the future will be comparable in quality or performance to any investments described on the Site. Past performance is no guarantee of future results. There is no guarantee that Reckoner will be able to achieve its investment objective or that losses will not occur. Reckoner Capital Management LLC is registered with the U.S. Securities and Exchange Commission (“SEC”) as an investment adviser.
Any projections, market outlooks, or estimates on this Site are forward-looking statements and are based upon certain assumptions. Other events that were not taken into account may occur and may significantly affect such projections, market outlooks, or estimates. Such forward-looking statements (or statements of future performance) are not a reliable indicator of future performance. Reckoner does not undertake to update forward-looking statements.
All materials on this Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, and any copyright or proprietary notices. 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.
As with any investment, your capital is at risk. The value of any investment may fall as well as rise, including as a result of changes in the value of foreign exchange. You may not get back any or all of the amount that you originally invested.
Local Legal Restrictions
Given the global nature of the internet, this Site may be accessed by users residing in various countries. Not all securities, products, or services described on this Site are available in all countries. This Site is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence, or otherwise) the publication or availability of the Site or the Content is legally prohibited. Persons in respect of whom such prohibitions apply must not access this Site. Users who choose to access this Site do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access. The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country that would subject Reckoner or any Reckoner product to any registration requirement within such jurisdiction or country.
SEC Materials
Certain information provided through this Site may have been filed with the SEC (such materials, the “SEC Materials”). Reckoner does not assume any duty of disclosure beyond that which is imposed by law. The SEC Materials should be read in conjunction with an entity’s periodic and other reports filed with the SEC, including the disclosures therein of certain factors that may affect an entity’s future performance. Individual statements appearing in the SEC Materials are intended to be read in conjunction with and in the context of the complete SEC Materials in which they appear, rather than as stand-alone statements.
Terms of Use
These terms of use (“Terms of Use”) constitute a legally binding agreement between Reckoner and you, the user of the Site. By accessing the Site, you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of the Site. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not access the Site.
Reckoner reserves the right to amend these Terms of Use in its sole discretion. Reckoner will post any changes to these Terms of Use on the Site, and changes are effective immediately upon posting. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and conditions.
The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Reckoner. If you do not meet all these requirements, you must not access or use the Site.
Purpose of the Site; Not Investment Advice; No Recommendations
The information presented on or through the Site is made available solely for informational purposes in relation to Reckoner. Reckoner does not represent or warrant as to the accuracy, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Reckoner disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Site, or by anyone who may be informed of any of its contents.
This Site is not intended to provide legal, business, tax, accounting, investment, or other advice. You agree not to construe any of the Content provided in connection with the Site as legal, business, tax, accounting, investment, or other advice. You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or other investment. You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell, or hold any security, company, investment product, or other investment, or that you should pursue any investment strategy and the Content is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all Content provided in connection with the Site is published without consideration of your individual circumstances, financial or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content provided in connection with the Site. You agree to consult your own professional advisors as to any legal, business, tax, accounting, financial, or other advice regarding any Content provided in connection with the Site.
Ownership
The trade names, trademarks, service marks, trade dress, logos, and other indicia of source (collectively, “Marks”) found on the Site and any Content are proprietary to Reckoner or its licensors and are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner (whether Reckoner or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content.
Third-Party Links
From time to time, Reckoner may provide links from this Site to websites operated by third parties. Reckoner’s decision to do so is in no way an endorsement of these sites. Reckoner does not monitor, edit, or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. Reckoner reserves the right to terminate any link at any time.
Disclaimer of Warranties
THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, PROVIDED WITHOUT WARRANTIES, CLAIMS, OR REPRESENTATIONS MADE BY RECKONER, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. RECKONER FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.
Limitation of Liability
RECKONER DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, RECKONER IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE, OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.
UNDER NO CIRCUMSTANCES WILL RECKONER BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnity
You agree that you will be solely responsible for, and that you will defend, indemnify, and hold Reckoner and each of its officers, directors, agents, employees, and representatives harmless from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Site. Reckoner reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Reckoner for all liabilities, losses, or damages. You agree to provide Reckoner with whatever cooperation it reasonably requests.
Limitation On Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Miscellaneous
You may not assign or otherwise transfer your rights or obligations under these Terms of Use without Reckoner’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. Reckoner may assign these Terms of Use, or any rights or obligations under these Terms of Use, without your consent and without notice. Nothing in these Terms of Use may be used to construe you and Reckoner as joint venturers, co-employers, partners, or agents of each other, and neither you nor Reckoner has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void, or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of Reckoner at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. Any legal proceeding arising out of or relating to these Terms of Use against or relating to Reckoner or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in New York and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete, and exclusive agreement with respect to the Site and may not be contradicted, explained, or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, or any consistent additional terms.
Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word “including” means “including without limitation.” If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact the General Counsel of Reckoner at legal@reckoner.com.