The following Terms and Conditions (the “Terms”) govern your access to and use of the Aptitude Investment Management LP (“AIM” or “Aptitude” or “we” or “us”) website including, without limitation, the information, data, tools, software code, illustrations, images, graphics, and other visuals, text, products, services, and other content (collectively, the “Content”) available on or through the website (the website and Content collectively referred to as the “Site”). All persons or entities using any portion of this Site (including via any media or electronic device) expressly agree to the Terms as a pre-condition to using this Site for any purpose whatsoever. By utilizing the Site, you acknowledge that you have read the Terms and that you agree to be bound by them in their entirety and without modification by you. If you do not agree with all of the Terms, you are not granted permission to use this Site. The terms “you” or “your” in these Terms refer to both you personally and any other party on whose behalf you are accessing the Site as the context requires. Unauthorized use of this Site, including but not limited to misuse of passwords or any portion of the Content, is strictly prohibited.
AIM reserves the right to change the terms and conditions under which this Site is offered without notice at any time in its sole discretion. We suggest that you periodically review the Terms for amendments. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms and Conditions.
Except as specifically permitted below, nothing contained in these Terms and Conditions or the Site itself either grants or will be construed to grant you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, photograph, graphic, code, trademark, service mark or logo contained in the Site, including without limitation the name or logo of AIM or any of its affiliates. AIM reserves, and will enforce to the fullest extent of the law, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site. The Site is for personal, non-commercial use and display only. Any commercial use of these materials is strictly prohibited without the express written permission of AIM, and nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, such permission. Product and company names mentioned herein may be the trademarks of their respective owners, and any commercial use or distribution, publishing or exploitation of such products, company names or trademarks is strictly prohibited unless you have received the prior written consent of the applicable rights holder.
AIM grants you a limited, nonexclusive license to display and otherwise use portions of this Site solely for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, copy, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software, or code obtained from the Site. You may only discuss the information that you learn from the Site with your financial advisors, accountants, or attorneys, and others with whom you evaluate investment decisions. You agree not to obscure, delete or modify any notices or legends contained in or on the Site.
No Content on this Site is or should be construed as an offer to, or solicitation of, any potential clients or investors for the provision by AIM of investment management, advisory, or any other related services or products. Under no circumstances should any material at the Site be used or considered as an offer to sell, a solicitation of an offer to buy, or a recommendation to acquire or dispose of any interest in any security, commodity, or investment, or to enter into an investment advisory relationship with, AIM or its affiliates. Any such offer or solicitation can and will be made only in accordance with applicable law and only in jurisdictions in which such an offer would be lawful. No information on this Site should be relied upon for the purpose of making investment or other decisions.
You acknowledge that nothing contained on this Site constitutes (or is intended to constitute) investment, legal, tax, or other advice, nor is it to be relied upon in making any investment or other decisions. All materials on this Site have been prepared for informational purposes only and, unless specifically indicated otherwise, are provided on a generic basis with no application to or assessment of any individual prospective/current investor’s particular situation. We do not (and do not intend to) give any advice or make any representations as to whether any investment, investment strategy, or investment style is suitable for you or will be profitable. No assurances can be made that any aims, assumptions, expectations, strategies, and/or goals expressed or implied herein were or will be realized or that the activities or any activities described did or will continue at all or in the same manner as is described on this Site. You should seek professional advice prior to making any investment decisions. All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses and any copyright or proprietary notices, including those contained in these Terms. 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. To the extent that past performance is available or referenced through the Site, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Any products or services offered by AIM will only be offered to such investors, in those countries and regions, in accordance with applicable laws and regulations. Persons and entities outside of the United States may be subject to regulations within their applicable jurisdictions that are not addressed on this Site. The information on this Site is not intended for distribution to, or use by, or to provide any information to, any person or entity in any jurisdiction or country where such distribution or use or provision of information would be contrary to law or regulation. All persons and entities accessing the Site do so of their own initiative and are responsible for compliance with applicable local laws and regulations. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited, by reason of that person’s nationality, residence, or otherwise. Persons and entities subject to these restrictions must not access the Site. Users also must not access or use this Site at any time for any purpose that is unlawful or prohibited and are subject to any applicable local, state, national or international laws and regulations when accessing or using the Site.
AIM has not reviewed any of the websites, if any, that may be linked to the Site, and is not responsible for their content. Such links do not constitute an endorsement or sponsorship of such other websites. AIM is not responsible for the privacy practices of such other websites. Your linking to or use of any off-site pages or other websites is at your own risk. AIM’s inclusion of links (or “hypertext links” and/or “hyperlinks”) to other websites does not imply any endorsement of the material located on or linked to by such websites.
AIM, AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THIS SITE. ANY CONTENT OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. AIM FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, MATERIALS, AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY. WE DO NOT WARRANT THAT THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, COMPLETE, OR ERROR FREE OR WILL MEET USERS’ REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED. NO RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGULATION, AIM DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OF ANY OTHER KIND, AND ALL DUTIES THAT MAY BE OWED TO YOU, IN CONNECTION WITH THIS WEBSITE. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, WHILE AIM ENDEAVORS TO USE REASONABLE CARE TO ENSURE THAT THE CONTENT OF THIS WEBSITE IS ACCURATE AND UP-TO-DATE, AIM DOES NOT WARRANT OR REPRESENT THAT SUCH CONTENT WILL BE ACCURATE, COMPLETE, OR UP-TO-DATE. AIM FURTHER ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTES (INCLUDING BUT NOT LIMITED TO ANY WARRANTY WITH REGARD TO FITNESS FOR A PARTICULAR PURPOSE) THAT FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT AIM SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR ANY THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE, TO PROVIDE OR MAINTAIN YOUR ACCESS TO ONLINE SERVICES OR PRODUCTS, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN YOU AND AIM. AIM SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES FOR THE ACCURACY, QUALITY, TIMELINESS, RELIABILITY, OR COMPLETENESS OF THE INFORMATION, SERVICES, OR CONTENT CONTAINED ON THE SITE, OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA OR SERVICES OR PRODUCTS (IF ANY) AVAILABLE ON THIS SITE, OR WITH REGARD TO FINANCIAL RESULTS BASED ON THE USE OF THE INFORMATION IN OR OTHER USES OF THE SITE, OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THESE SERVICES AND PRODUCTS. IN NO EVENT WILL AIM BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF THE USE OF ANY DATA OR SERVICES OR PRODUCTS MADE AVAILABLE ON THE SITE, EVEN IF AIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AIM SHALL HAVE NO RESPONSIBILITY TO INFORM OR NOTIFY YOU OF ANY DIFFICULTIES EXPERIENCED BY AIM OR ANY THIRD PARTIES WITH RESPECT TO THE USE OF THE SERVICES, PRODUCTS, OR DATA PROVIDED THEREIN. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE TERMS OR THE SERVICES AND INFORMATION PROVIDED, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE USE OF THIS SITE IS AT YOUR OWN RISK.
Any commercial use or distribution, publishing or exploitation of the Site or of anything on the Site is strictly prohibited unless you have received the express written prior permission of AIM. You may not decompose, decompile, reverse engineer, disassemble, or otherwise deconstruct any portion of the Site. You may not remove any copyright, trademark or other proprietary notice or legend contained on or printed from the Site. You warrant and agree that, while accessing or using the Site, you shall not: (a) obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site; (b) engaging in spidering, “screen scaping”, “database scraping”, or any other automatic or unauthorized means of accessing, logging-in, or registering on the Site, or obtaining lists of users or other information from or through the Site, including any information residing on any server or database connected to the Site; (c) use the Site in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including sending mass unsolicited messages or “flooding” servers with requests; (d) use the Site in violation of AIM’s or any third party’s intellectual property or other proprietary or legal rights; (e) use the Site in violation of any applicable law or the Terms; (f) attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or its services; or (g) delete any Content on the Site.
You are solely responsible for the security of your computer system, including using and maintaining appropriate anti-virus, firewall, and backup software. AIM disclaims any responsibility or liability for any problem with your computer systems, including any Virus (as defined below) that your computer systems receive as a result of your use of the Site. “Virus” means: (i) program code of programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise adversely affect or without authorization access or delete computer programs, data files, or operations; or (ii) other code typically described as a virus or by similar terms, including Trojan horse, worm or backdoor.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. We may monitor and record activity on the Site for any reason or no reason. We may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate law or regulation to regulators, law enforcement officials, or other persons or entities that we deem appropriate without notice. We may issue warnings, suspend, or terminate use of the Site, deny access to all or part of the Site, or take any other action that we deem appropriate without notice. We have the right to terminate, change, suspend, impose limits on, or discontinue any aspect of the Site, of the Site’s services, or your access to or use thereof, at any time, and for any reason or no reason without notice.
Please do not send sensitive data, as may be defined by your country’s laws (e.g., personal information regarding race, ethnic origin, religion, sexual orientation, political opinions, etc.). You can have general access to the Site and browse pages without providing personal information about yourself. As you navigate the Site, certain personally non-identifiable information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies and navigational data collection. AIM may record when you log on to the Site and the pages you visit. AIM does not disclose any personal information relating to your activities on the Site, other than to our affiliates, except as permitted by law. Companies that are not related to AIM that perform services on our behalf, such as a third party that hosts our Site, may have access to your information relating to your activities on the Site. This Site permits you to communicate electronically by sending an e-mail message to AIM and its employees. AIM shall not be liable for any actions taken or any omissions to act as a result of any e-mail message you send to AIM or its employees.
You agree to indemnify, defend and hold harmless AIM and its officers, directors, principals, agents and employees from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: (i) your use of the Site; (b) your breach of the Terms; (c) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights; or (d) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in the Terms.
By using the Site, you represent and warrant that you agree to abide by and that you are fully able and capable of complying with all of the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. The parties’ respective representations, warranties, obligations, rights and remedies herein shall be deemed cumulative, and any party’s exercise of any one of such party’s rights or remedies shall not preclude such party’s exercise of any other right or remedy then available to it (whether hereunder, another written, signed contract, or at law or in equity). Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver or such right or provision. The Terms are governed by the laws of the State of Washington, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in King County, Washington, U.S.A., as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this paragraph. If any provision of these Terms is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms and Conditions shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity, or unenforceability shall be strictly limited both to such provision and to such jurisdiction. “Aptitude Investment Management LP” and related marks, images and symbols are the exclusive properties of AIM.