Effective Date: September 1, 2021
These Terms of Service, together with our Privacy Policy , govern your access to and use of the website (the “Site”) and social media of Cambrian Asset Management, Inc., and those of its subsidiaries and affiliates(collectively, “Cambrian”, “we”, “our”, or “us”), and your use of any of the services provided through the Site. These Terms of Service and any additional terms and conditions, policies, agreements and disclosures to which you have agreed are hereafter referred to collectively as the “Agreement”. Please read these Terms of Service carefully.
Your use of the Site is governed by the version of the Terms of Service in effect on the date of use. Cambrian may modify the Terms of Service at any time and without prior notice. By using and accessing the Site, you acknowledge and agree to review the most current version of these Terms of Service prior to each such use. Your continued use of and access to any of the Site constitutes your acknowledgement of, and agreement to, the then current Terms of Service. Please also note that the terms and conditions of these Terms of Service are in addition to any other agreements between you and Cambrian and/or its affiliates and agents, including any customer agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Site.
Cambrian reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Site and/or to suspend and/or deny access to any Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Cambrian does not undertake any obligation or responsibility to update or amend any such information. Cambrian may discontinue or change any product or service described in or offered on Site at any time without prior notice. Cambrian further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Site at any time and for any reason. You agree that Cambrian and its subsidiaries and affiliates will not be liable to you or to any third-party for any such modification, suspension or discontinuance.
Cambrian provides its services, including the Site, from its principal office at 265 Miller Avenue, Mill Valley, CA.
AUTHORIZED USER
Some of our services, and certain pages of the Site, are available only to clients or users who have been authorized by us to access those services and web pages. Such authorization may require completion of an accredited investor questionnaire and satisfactory background information screening.
Unauthorized use of the Site and/or our systems, including, but not limited to, unauthorized entry into and/or any attempted access of Cambrian’s systems and/or any restricted areas of any of the Site, misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use any Site in any manner that could damage, disable, overburden, or impair the Site or any service or interfere with any other party’s use and enjoyment of the Site or service. You may not attempt to gain unauthorized access to the Site or service, computer systems or networks connected to the Site or service, through hacking, password mining or any other means. You may not screen-scrape, data scrape and/or use any automated means to acquire data and/or information from the Site. You agree that you will not engage in any activities related to the Site that are contrary to these Terms of Service and/or any applicable laws or regulations. You agree to notify us immediately in the event that you learn or suspect that the security of your password may have been compromised. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. We reserve the right to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.
Notwithstanding the above, you are responsible for monitoring your use of the Site and should promptly report any unauthorized or suspicious activity to us at the contact email provided below.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The information on the Site is provided “AS IS”. Cambrian does not warrant the accuracy of the materials provided herein, either expressly or implied, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose. Cambrian will not be responsible for any loss or damage that could result from interception by third-parties of any information made available to you via the Site. Although the information provided to you on the Site is obtained or compiled from sources, we believe to be reliable, Cambrian cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Cambrian, nor any of its affiliates, directors, officers or employees, nor any third-party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Site, or resulting from the act or omission of any other party involved in making the Site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Cambrian or of any vendor providing software or services support. In no event will Cambrian, its affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if Cambrian or any other party have been advised of the possibility thereof.
Cambrian is under no obligation to update or correct any information provided on the Site. Statements and opinions are subject to change without notice. No content on the Site is intended to provide tax or legal advice. You are advised to seek advice on these matters from separately retained professionals.
PROPRIETARY RIGHTS
All right, title and interest in the Site and all content contained herein is the exclusive property of Cambrian, except as otherwise stated. Unless otherwise specified, the Site is for your personal and non-commercial use only. You may print, copy and download limited amounts of information and content from the Site; provided that it is solely for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the Site, except for the purposes expressly provided herein, without Cambrian’s prior written approval. If you copy or download any information or software from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
Cambrian, the Cambrian logo, and other Cambrian trademarks and service marks referenced herein are trademarks and service marks of Cambrian. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or site on the Internet without the written permission of Cambrian or the applicable third-party rights holder.
USE OF LINKS
Should the viewer leave the Site via a link contained herein, and view or access content that is not provided by Cambrian, the viewer does so at its own risk. The content to which you link will not have been developed, checked for accuracy or otherwise reviewed by Cambrian. Cambrian is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or punitive. Cambrian makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
THIRD PARTY CONTENT
Cambrian works with third-party providers of information in connection with the Site. Cambrian does not endorse or guarantee any such third-party information for any purpose, including but not limited to accuracy, legality, non-infringement or fitness for any particular purpose. Cambrian is not responsible for any third-party products and services or third-party website accessed through the Services.
SOCIAL MEDIA DISCLOSURE
Social media posts (including but not limited to, Facebook, YouTube, LinkedIn, Twitter, Instagram and TikTok) of Cambrian and Cambrian’s employees (“Social Media”) are not, and should not be considered to be recommendations, solicitations or offers by Cambrian or its affiliates to buy or sell any securities, futures, options or other financial instruments or other assets or provide any investment advice or service. Cambrian makes reasonable efforts to ensure that the information contained on Social Media is accurate and reliable; however, errors sometimes occur. You should note that the materials on Social Media are provided “as is” without any express or implied warranties. Cambrian does not warrant or represent that the materials on Social Media are accurate, valid, timely or complete.
CONSENT TO ELECTRONIC COMMUNICATIONS
By using the Site, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications relating to the Site or these Terms of Service that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
SECURITIES PRODUCTS
None of the information displayed on or downloadable from, nor any of the applications and services available via the publicly accessible portions of the Site represent an offer to buy or sell, or the solicitation of an offer to buy or sell any security, nor does it constitute an offer to provide investment advice or service.
Investing in private, unregistered securities is speculative and involves a high degree of risk. You must be prepared to withstand a total loss of your investment. You are strongly encouraged to complete your own independent due diligence before investing in private, unregistered securities, including obtaining additional information, opinions, financial projections, and legal or other investment advice.
INDEMNITY AND RELEASE
You agree to release, indemnify and hold Cambrian harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury(including death) arising out of or relating to your use of the Site. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
CHOICE OF LAW
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to conflicts of laws provisions. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to this Agreement, or the breach hereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in the City of San Francisco, California. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. If for any reason any provision of this Agreement, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between us and you with respect to the Site and it supersedes all prior or contemporaneous communications, agreements and understandings between Cambrian and you with respect to the subject matter hereof. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
Contact Us
You may contact us via email at ir@Cambrianasset.com.
