Web Site Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. These Terms and Conditions of Use (“Terms”) are intended to constitute a binding agreement that conditions your use of the website of Wingspire Capital LLC (“site”, “we”, “us” and “our”) including www.sitecapital.com and any site that are automatically redirected to it (collectively, the “site”).
Wingspire will not treat users of the site as its clients by virtue of their accessing the site. Nothing contained in these Terms is intended to modify any other written agreement you may have with Wingspire, if any, that may be in effect. In the event of any inconsistency between these Terms and any other written agreements with Wingspire, the terms of the other written agreements shall control. Additional terms and conditions of use may be applicable to password-restricted areas of the site.
Use of the Site and the Site
Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Wingspire and/or its affiliates or licensors. No material from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the site, including, without limitation, any text, images, audio and video, for public or commercial purposes without Wingspire’s written permission. Modification or use of the information or materials for any other purpose may violate the copyright, trademark and other intellectual property rights of Wingspire and/or its affiliates or licensors. Wingspire does not grant any license or right to use any registered or unregistered trademarks or service marks displayed on the site.
If you violate any part of these Terms, your permission to access or use the site and content of the site automatically terminates and you must immediately destroy any copies of such content in your possession or control. We reserve the right, in our sole discretion and without notice to you, to terminate or suspend your user account and your license to use the site and prevent your future access to and use of the site.
Disclaimer and Limitation of Liability
NOTHING CONTAINED IN THE SITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE SITE CONSTITUTES A SOLICITATION OR OFFER BY WINGSPIRE, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY PARTNERSHIP INTEREST, SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE INFORMATION PROVIDED ON THE SITE AND ANY DECISIONS BASED ON SUCH INFORMATION. AS A CONDITION OF ACCESSING THE SITE, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AGREE TO HOLD WINGSPIRE AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.
THE SITE AND ALL INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). WINGSPIRE MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, RELIABLE, ERROR-FREE, VIRUS-FREE, MALWARE-FREE, CURRENT, ACCURATE OR COMPLETE, OR WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU AGREE THAT TEMPORARY INTERRUPTIONS OF THE SITE MAY OCCUR AND WE HAVE NO CONTROL OVER ANY THIRD PARTY NETWORKS IN CONNECTION WITH OUR SERVICES OR ANY DELAYS OR DISRUPTIONS OF NETWORK TRANSMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WINGSPIRE AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WINGSPIRE AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY DAMAGES WHATSOEVER ARISING FROM USE OR INABILITY TO USE THE SITE OR MATERIALS CONTAINED THEREIN (INCLUDING WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LIABILITY IN RELATION TO ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS OR THE USE OR INTERPRETATION BY OTHERS OF SUCH INFORMATION OR MATERIALS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF WINGSPIRE, ITS AFFILIATES OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF WINGSPIRE AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU TO WINGSPIRE, IF ANY, FOR YOUR ACCESS TO THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Forward Looking Statements
Wingspire reserves the right to make changes to documents, content, or other information on this web site without obligation to notify any person of such changes. The site may contain projections or other forward-looking statements by companies regarding a variety of items. Such forward-looking statements are based upon expectations current as of the date statement is made and involve risks and uncertainties. Although Wingspire may indicate and believe that the assumptions underlying the forward-looking statements are reasonable, any of the assumptions could prove inaccurate or incorrect and, therefore, there can be no assurance that the results contemplated in the forward-looking statements will be realized.
IN NO WAY DOES WINGSPIRE ASSUME ANY RESPONSIBILITY FOR ANY INVESTMENT OR OTHER DECISIONS MADE BASED UPON INFORMATION CONTAINED ON THE SITE. USERS ARE ADVISED TO REVIEW ALL AVAILABLE INFORMATION THEMSELVES INCLUDING, WITHOUT LIMITATION, THE APPLICABLE WINGSPIRE’S SEC FILINGS BEFORE MAKING ANY INVESTMENT OR OTHER DECISIONS.
By using the site, you agree to indemnify, hold harmless, and defend Wingspire and its officers, directors, members, managers, employees, agents, affiliates, suppliers, licensors, successors, and assigns from and against any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, reasonable attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web site in violation of these Terms.
Unless otherwise specified, the materials in or accessible through the site are directed at residents of the United States, its territories, possessions, and protectorates. The site is controlled and operated by Wingspire from its offices within the State of New York, United States of America. Neither Wingspire nor any of its affiliates make any representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Wingspire and/or its affiliates to any registration or other requirement within such jurisdiction or country.
Governing Law and Consent to Jurisdiction
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
Transmissions to and from the Site
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the site may not be secure. You are responsible for any content that you post on the site or submit to us via contact forms on the site, email, social media accounts or otherwise, including your feedback, comments, questions, ideas, suggestions, survey responses or other information or materials (“User Materials”). By submitting any User Materials, you hereby grant to Wingspire an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license to use, display, reproduce, publish, transmit, store, modify and create derivative works of your User Material. Further, if you provide any feedback, suggestions, ideas, know-how or other information (“Feedback”) to Wingspire via the site or otherwise, you hereby assign to Wingspire all rights in the Feedback and agree that Wingspire may use such Feedback for any purpose without compensation to you. Wingspire will treat all User Materials and Feedback as non-confidential and non-proprietary, and you agree that you will not submit to Wingspire any information considered to be confidential or proprietary. You hereby represent and warrant that any User Materials and Feedback you submit to us is either your original content or that you have obtained all necessary rights to your User Materials and Feedback, including the right to authorize us to use your User Materials and Feedback as set forth in these Terms.
Password Security and Notification
Access to certain parts of the Site may require a login. If you have a user name, password or Personal Identification Number (PIN) for access to non-public areas of the site, you are solely responsible for all activities that occur in connection with your login credentials, and you agree that you will submit complete and accurate registration information as requested by the site’ registration forms and maintain the accuracy of this information by promptly updating your registration information with any changes. Accordingly, you should take steps to protect the confidentiality of your login credentials. You agree that you will notify Wingspire immediately if you become aware of any disclosure, loss, theft or unauthorized use of your login credentials. Wingspire is not responsible or liable for any liability, damages, loss or expenses arising in any way from the use of your login credentials.
Links to Other Web Site and Services
Wingspire does not review or monitor any website linked from or to the Site and none of them is or will be responsible for the content of any such linked website. If you decide to access linked website, you do so at your sole risk. Neither Wingspire nor any of its affiliates are responsible for the information, materials, products or services obtained on or from such other website, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such website. Any links from or to other website are provided merely for the convenience of the users of the site and the inclusion of these links does not imply an endorsement, representation or warranty by Wingspire or any of its affiliates with respect to any such linked website or the content, products or services contained or accessible through, or the operators of, such website. In addition, you agree not to link any of your website or any third-party website to any of the site without the express prior written consent of Wingspire. Wingspire reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to the site.
No waiver by Wingspire or any of its affiliates of any right under or term or provision of these Terms will be deemed a waiver of any other right, term or provision of these Terms at that time or a waiver of that or any other right, term or provision of these Terms at any other time.
END OF AGREEMENT