Terms of Use
By accessing this web site and any materials presented herein (the “Site”), you accept in their entirety the following terms and conditions pertaining to the use of the Site (the “Terms of Use”). Topiary Capital reserves the right to change these Terms of Use and any other terms, conditions and notices under which the Site is offered without notice at any time. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.
Limited License
Except as specifically permitted below, nothing contained in these Terms of Use or the Site grant or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of Topiary Capital or any of its affiliates. Topiary Capital reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site. Topiary Capital grants you a limited, nonexclusive license to display and otherwise use portions of the 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, 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.
No Offer of Securities
The Site is for informational purposes only and under no circumstances should any material on the Site be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any fund or other private investment vehicle sponsored or advised by Topiary Capital. Any such offer or solicitation can and will be made only by means of the Confidential Private Placement or Offering Memorandum of each such fund or other private investment vehicle, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of each such fund or private investment vehicle, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended. Access to information about the funds and other private investment vehicles sponsored or advised by Topiary Capital is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements.
No Warranty
TOPIARY CAPITAL 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 THE 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. TO THE FULLEST EXTENT PERMITTED BY LAW, TOPIARY CAPITAL HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. TOPIARY CAPITAL DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE IS FREE FROM VIRUSES, WORMS OR OTHER DESTRUCTIVE OR HARMFUL CODE.
Limitation of Liability
IN NO EVENT SHALL TOPIARY CAPITAL AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF TOPIARY CAPITAL OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Links to Third Party Web Sites
Topiary Capital has not reviewed any of the web sites that may be linked to the Site and is not responsible for their content. Topiary Capital is not responsible for the privacy practices of such other web sites. Your linking to or use of any pages or web sites other than the Site is at your own risk. Our inclusion of links to other web sites does not imply any endorsement of the material located on or linked to by any such web sites.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., excluding its conflicts of law principles.