Terms of Use

These terms of use (“Terms”) apply to this website (the “Site”) and your use of the Site.

Please read these Terms carefully before using the Site. By accessing and continuing to use the Site, you acknowledge that you have read, understood and agree to these Terms. If you do not agree to these Terms, you may not access or use the Site. Avantyr Capital Partners, LP (“Avantyr”, “we”, “us” or the “Company”) reserves the right, at our sole discretion, to modify, add or remove portions of these Terms at any time. Modifications will be effective immediately upon posting unless otherwise indicated. By using the Site after we have posted changes to these Terms, you agree to be bound by the Terms as amended.

Limited Right to Use the Site

You may not violate or attempt to violate the security or integrity of the Site or obtain access to content or systems where you are not authorized. At any time and for any reason we may revoke your right to access or use all or any portion of the Site.

Disclaimers

All content is for informational purposes only. Nothing contained in the Site constitutes investment, legal, accounting or tax advice and you should not consider any such information on the Site to be the same. Nothing contained in the Site constitutes a solicitation or offer by Avantyr or any fund or other entity managed by Avantyr to buy or sell any securities or other financial instruments. Any such offer or solicitation will be made only at the time a qualified offeree receives a confidential private offering memorandum or other offering document describing the offering. Nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment strategy. If you would like investment, accounting, tax, or legal advice, you should consult with your own financial advisors, accountants, or attorneys regarding your individual circumstances and needs. Avantyr will not treat users of this Site as its clients by virtue of their accessing this Site. NO REPRESENTATION IS MADE THAT ANY AVANTYR FUND OR ENTITY WILL OR IS LIKELY TO ACHIEVE ITS OBJECTIVES.

The materials in the Site are provided “AS IS” and without warranties of any kind (either express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement). To the fullest extent permissible pursuant to applicable law, Avantyr disclaims any and all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Avantyr further assumes no responsibility for and makes no warranties regarding the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing, or speed of delivery of the functions contained at this Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. Avantyr shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer on account of your accessing this Site. Likewise, Avantyr is not liable for any technological problems regarding the Site or any impact they may have.

Ownership and Restrictions on Use of Materials

The Site and materials contained on the Site are protected by one or more copyrights, patents, database rights, trademarks, and/or other intellectual property rights that are owned by Avantyr, its affiliates and/or third parties. You may not attempt to or otherwise decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. 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 Avantyr’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of Avantyr.

Jurisdictional Issues

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 operated by Avantyr from its offices within the United States. Avantyr makes no representation that materials in 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 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 Avantyr to any registration or other requirement within such jurisdiction or country. Avantyr reserves the right to limit access to the Site to any person, geographic region or jurisdiction.

Monitoring of Site

Avantyr expressly reserves the right to monitor use of this site, but is under no obligation to do so and assumes no responsibility or liability arising from the use of this Site.

Links to Other Web Sites and Services

Avantyr does not review or monitor any websites linked from or to the Site and your following links from or to such websites is at your sole risk. Accordingly, Avantyr cannot be held responsible for the information, products or services obtained on or from such other websites, nor will Avantyr be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from another website to the Site does not imply an endorsement, representation or warranty by Avantyr with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites.

Liability

AVANTYR’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THIS USER AGREEMENT, THE SITE, OR THE INABILITY TO USE THE SITE.

OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.

UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF AVANTYR, ITS AGENTS, AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE IS $100. This limitation of liability applies regardless of any negligence or gross negligence of Avantyr or any of its agents or employees. You accept all risks in relying on any information contained in this Site.

Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site.

Indemnification

As a condition of use of this Site, you agree to indemnify Avantyr from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising from your use of this Site, including without limitations any claims alleging facts that if true would constitute a breach by you of these terms of use.

Governing Law and Consent to Jurisdiction

These terms and your use of the Site shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.

Additional Terms

If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Avantyr reserves the right to alter or delete materials from this Site at any time at its discretion.