Terms of Use

Last Updated: July 8, 2019

 

Website Terms of Use

Please read the following terms and conditions ("Website Terms of Use") before using the Hitchwood Capital Management LP (the "Firm" or “Hitchwood”) website (the "Website"). Your access to and use of the Website is subject to these Website Terms of Use and all applicable laws and regulations. The Website Terms of Use constitute a legal agreement between you and the Firm. The Website is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to persons under age 18. By accessing and using the Website, you accept, without qualification, these Website Terms of Use. If you do not approve and accept these Website Terms of Use without qualification, you should exit the Website immediately. You may contact Hitchwood at legal@hitchwoodcap.com with questions or comments about these Terms of Use

 

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE WEBSITE TERMS OF USE IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THESE WEBSITE TERMS OF USE, DO NOT USE THE WEBSITE.

UNAUTHORIZED USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO MISUSE OF PASSWORDS OR POSTED INFORMATION, IS STRICTLY PROHIBITED. AUTHORIZED USERS OF THIS WEBSITE INCLUDE ANY USERS VISITING THIS WEBSITE FOR PERSONAL AND/OR INFORMATIONAL PURPOSES, CLIENTS AND POTENTIAL CLIENTS OF HITCHWOOD, INVESTORS OR PROPOSECTIVE INVESTORS IN A HITCHWOOD ADVISED INVESTMENT FUND, HITCHWOOD EMPLOYEES, CANDIDATES FOR EMPLOYMENT OR USERS SEEKING INFORMATION ABOUT EMPLOYMENT OPPORTUNITIES AT HITCHWOOD, AND ANY OTHER USERS AUTHORIZED BY HITCHWOOD.

 

All Content for Informational Purposes Only

Nothing contained in or on the Website should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, or investment or to engage in any other transaction. Nothing contained on this Website constitutes investment, legal, tax or other advice. If you would like any such advice, you should consult your own financial advisors, accountants or attorneys regarding your individual circumstances. Dated content on this Website speaks only as of the date indicated. Hitchwood makes reasonable efforts to provide accurate content, but at times we may not promptly update or correct the Website even if we are aware that it is outdated. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.

 

Passwords and Technological Problems with Website

You may receive a password to access certain restricted areas of this Website. You are solely responsible for maintaining the security of your password and may not disclose it to any third party. By using your password on this Website, you accept full responsibility for any use of your password. You are required to notify Hitchwood immediately of any actual or suspected loss, theft or unauthorized use of your password. Hitchwood is not obligated to inquire as to the authority or propriety of any use of or action taken using your password. Hitchwood will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.

All or any portion of this Website may not be available and/or may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time, the Website may experience technological problems such as downtime, data unavailability, viruses or other damaging computer programming routines or engines. We take reasonable security precautions when using the Internet, telephone and other means to transport data or other communications, but we disclaim liability for any interception of data or communications. We make reasonable efforts to ensure that the Website is secure, but we do not guarantee the security of the Website.

 

Copyrights

The Website is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Hitchwood, its affiliates and/or third parties. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website. You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Website except as explicitly permitted in these Website Terms of Use.

 

Trademarks and Service Marks

The Firm is an investment management company. All trademarks, service marks, trade names, and logos displayed on this Website (collectively referred to as the "Marks") are proprietary to Hitchwood or their respective owners and are protected by U.S. and international trademark laws. Any use of the Marks, or any other Marks owned by or licensed to Hitchwood, without Hitchwood's express written consent is strictly prohibited.

 

Additional Terms

Certain webpages on this Website may contain separate terms and conditions, which are in addition to these Website Terms of Use. In the event of a conflict, the additional terms and conditions will govern such webpages. You represent and warrant that you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Website Terms of Use.

 

Certification for Swiss Investors

The password protected sections of this Website contain information on foreign collective investment schemes managed by Hitchwood, which have not been approved by the Swiss Financial Market Supervisory Authority (FINMA) for distribution in or from Switzerland to non-qualified investors in accordance with Article 119 et seq of the Federal Act on Collective Investment Schemes of 23 June 2006 (“CISA”). The information contained on the Website is only directed to “qualified investors” within the meaning of Article 10 CISA having their domicile/registered seat in Switzerland. By accepting these Website Terms of Use, if you are resident in Switzerland, you certify that you are a qualified investor having a domicile/registered seat in Switzerland and that you have read, understood and accepted the legal terms and conditions following below.

Qualified investors pursuant to Article 10 para 3, 3 bis and 3 ter CISA are in particular:

• Regulated financial intermediaries, such as banks, securities dealers, fund management companies and asset
• Regulated insurance companies;
• Public entities and retirement benefits institutions with professional treasury facilities;
• Companies with professional treasury facilities; and
• High-net worth individuals which fulfill the requirements of Article 6 of the Ordinance on Collective Investment Schemes of 22 November 2006 (“CISO”).

In the event that you are an “independent asset manager” and fulfil the requirements of Article 3 para 2 lit. c CISA, you certify that you will use the information on this Website exclusively for those of your clients that are considered as qualified investors within the meaning of Article 10 CISA. The representative in Switzerland is ARM Swiss Representatives SA, Route de Cité-Ouest 2, 1196 Gland, Switzerland. The paying agent in Switzerland is Banque Heritage SA, Route de Chêne 61, Case Postale 6600, 1211 Geneva, Switzerland. The Fund’s offering memorandum, articles and annual financial statements can be obtained free of charge from the representative in Switzerland.

 

Guest Wi-Fi Terms of Use

Please read the following terms and conditions ("Guest Wi-Fi Terms of Use") before using the Hitchwood Capital Management LP (the "Firm" or “Hitchwood”) Guest Wi-Fi (“Guest Wi-Fi”). Your access to and use of the Guest Wi-Fi is subject to these Guest Wi-Fi Terms of Use and all applicable laws and regulations. The Guest Wi-Fi Terms of Use constitute a legal agreement between you and the Firm. The Guest Wi-Fi is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Guest Wi-Fi is not available to persons under age 18. By accessing and using the Guest Wi-Fi, you accept, without qualification, these Guest Wi-Fi Terms of Use. If you do not approve and accept these Guest Wi-Fi Terms of Use without qualification, you should cease using the Guest Wi-Fi immediately. You may contact Hitchwood at legal@hitchwoodcap.com with questions or comments about these Guest Wi-Fi Terms of Use.

Hitchwood will provide access to the Guest Wi-Fi system at locations that have been equipped with wireless access points ("Enabled Locations"). Access points or Enabled Locations may not be available in all areas of Hitchwood and may not always be operational.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE GUEST WI-FI. EACH TIME YOU USE THE GUEST WI-FI, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE GUEST WI-FI TERMS OF USE IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THESE GUEST WI-FI TERMS OF USE, DO NOT USE THE GUEST WI-FI.

 

Access to the Internet

Hitchwood does not screen or restrict access to any content placed on or accessible through the Internet via the Guest Wi-Fi system. Hitchwood also does not screen or restrict communications between parties via the Internet over the Guest Wi-Fi system. You acknowledge that if you access the Internet via the Guest Wi-Fi system you may receive or be exposed to content, goods, or services which you consider to be improper, inaccurate, misleading, defamatory, obscene, or otherwise offensive. By using the Guest Wi-Fi, you agree that Hitchwood is not liable for any action or inaction with respect to any such content on the Internet accessible through the Guest Wi-Fi System.

 

Your Responsibilities

You must (1) provide all equipment (including computer hardware and software, wireless network cards, etc.) to connect to the Guest Wi-Fi system, (2) comply with local, state, federal, and international laws and regulations, including but not limited to copyright and intellectual property rights laws. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the Guest Wi-Fi system and (2) all communications that you send or receive via the Guest Wi-Fi system. Hitchwood does not undertake the security of any data you send through the Guest Wi-Fi System and it is your responsibility to secure such data.

 

Acceptable Use Policy

All users of the Guest Wi-Fi system must comply with this Acceptable Use Policy (“AUP”). This AUP is intended to prevent unacceptable uses of the network. Hitchwood does not actively monitor the use of the Guest Wi-Fi system under normal circumstances. Similarly, we do not exercise editorial control or review the content of any website, electronic mail transmission, newsgroup or other material created or accessible over or through the Guest Wi-Fi system. However, we may remove, block, filter, or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject Hitchwood to liability or may violate this AUP. Hitchwood may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of your access to the Guest Wi-Fi system.

The following constitute examples of violations of this Guest Wi-Fi system AUP:

• Transmitting any material (by uploading, posting, email, or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically, or otherwise objectionable
• Impersonating any person or entity or falsely stating or otherwise misrepresenting affiliation with a person or entity; forging headers, or otherwise manipulating identifiers in order to disguise the origin of any material transmitted through the Guest Wi-Fi system
• Transmitting any material (by uploading, posting, email, or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements)
• Transmitting any material (by uploading, posting, email, or otherwise) that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party
• Transmit (by uploading, posting, email, or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation
• Transmit any material (by uploading, posting, email, or otherwise) that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
• Interfering with or disrupting the Guest Wi-Fi system or servers or networks connected to the system, or disobeying any requirements, procedures, policies or regulations of networks connected to the system
• Intentionally or unintentionally violating any applicable local, state, national or international law, or any regulations having the force of law
• Using the Guest Wi-Fi system for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server

By using the Guest Wi-Fi, you understand and agree that Hitchwood may disclose your communications and activities using the Guest Wi-Fi system in response to lawful requests by governmental authorities, including Patriot Act requests, and judicial orders.

 

Terms Applicable to Website Terms of Use and Guest Wi-Fi Terms of Use (together the “Terms of Use”)

Hitchwood’s Limitation of Liability

HITCHWOOD’S LIABILITY WITH RESPECT TO THIS WEBSITE AND THE GUEST WI-FI IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS WEBSITE AND THE GUEST WI-FI ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HITCHWOOD OR ANY OF ITS AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THESE TERMS OF USE, THE WEBSITE, THE GUEST WI-FI, INFORMATION CONTAINED ON THE WEBSITE, OR THE INABILITY TO USE THE WEBSITE OR GUEST WI-FI. HITCHWOOD’S LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE THAT HITCHWOOD SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO 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 FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN HITCHWOOD AND YOU OR YOU AND ANY THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. HITCHWOOD SHALL HAVE NO RESPONSIBILITY TO INFORM OR NOTIFY YOU OF ANY DIFFICULTIES EXPERIENCED BY HITCHWOOD OR ANY THIRD PARTIES WITH RESPECT TO THE USE OF THIS WEBSITE OR THE GUEST WI-FI.

YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE, AND ASSUME ALL RESPONSIBILITY RELATED TO, SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND HITCHWOOD DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY HITCHWOOD OR ITS REPRESENTATIVES SHALL CREATE ANY SUCH WARRANTY.

YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, HITCHWOOD AND ITS AFFILIATES, AGENTS, EMPLOYEES AND THIRD PARTY SOURCES 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 YOUR USE OF THE WEBSITE OR THE GUEST WI-FI, YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE, REGULATION OR OF ANY THIRD PARTY RIGHTS OR CLAIMS.

 

Severability

If any of the provisions of these Terms of Use are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms of Use, which shall be given full effect, without regard to the invalid portion(s).

 

Governing Law

The laws of the State of New York shall govern these Terms of Use. Any legal action brought hereunder shall be brought exclusively in the courts located in New York City and it is agreed that such courts shall have jurisdiction. You agree that any dispute or controversy arising out of these Terms of Use shall be prosecuted exclusively in the state or federal courts in the State of New York.

 

Termination

You agree that Hitchwood may terminate or amend these Terms of Use and cancel your access to the Website or Guest Wi-Fi system at any time, without notice and for any reason including, but not limited to, violation of any of these Terms of Use, security or safety reasons, and/or using the Website or Guest Wi-Fi system to perform any illegal activity. You further agree that in the event of termination for any reason, Hitchwood will have no liability to you. You further represent and warrant that you have not, and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms of Use. You agree to be bound by revisions to these Terms of Use that Hitchwood posts to this website. Modifications will be effective immediately upon posting unless otherwise indicated. These Terms of Use constitute the entire understanding and supersede all other understandings between you and Hitchwood concerning the subject matter hereof.