Each person using the Weiss Asset
Management (including Weiss Asset Management LP and its affiliated entities,
the “Weiss Asset Management Group” or “we” or “us”) website (“Site”) (a “User”
or “you”) expressly agrees to the following Terms of Use. These Terms, together
with the Site Privacy Policy (collectively, the Terms of Use and Privacy Policy are referred to as “Terms”)
govern, as a condition to accessing and using this Site, any content,
functionality or services offered on or through this Site, as well as all
information about you collected by this Site whether such information is
collected automatically, through the use of cookies and equivalent technology,
or if provided by you. Please read the
Terms carefully before you start to use the Site. By using the Site, you accept
and agree to be bound by the Terms. If you do not agree to the Terms, you must
not access the Site.
This Site is offered and
available to users who are 18 years of age or older and reside in the United
States or any of its territories or possessions. The owner of the Site is based in the Commonwealth
of Massachusetts in the United States. We provide this Site for use only by
persons located in the United States. We make no claims that the Site or any of
its content is accessible or appropriate outside of the United States. Access
to the Site may not be legal by certain persons or in certain countries. If you
access the Site from outside the United States, you do so on your own
initiative and are responsible for compliance with local laws.
The Weiss Asset Management Group may
revise and update these Terms from time to time in our sole discretion. All
changes are effective immediately when we post them and apply to all access to
and use of the Site thereafter. Users’ continued use of the Site following the
posting of revised Terms means that you accept and agree to the changes. Users
are expected to check this page each time you access this Site so you are aware
of any changes, as they are binding. The Weiss Asset Management Group reserves the
right to withdraw or amend this Site, and any service or material we provide on
the Site, in our sole discretion without notice. The Weiss Asset Management Group will not be
liable if for any reason all or any part of the Site is unavailable at any time
or for any period. From time to time, the Weiss Asset Management Group may
restrict access to some parts of the Site, or the entire Site, to Users.
The Site and its entire contents,
features, and functionality (including but not limited to all information,
software, text, displays, images, video, and audio, and the design, selection,
and arrangement thereof), are owned by the Weiss Asset Management Group, its
licensors, or other providers of such material and are protected by United
States and international copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws. These terms permit you to use
the Site for your personal or internal business use only. You must not
reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store, or transmit any of the material
on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Modify copies of any materials from this Site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Collect data through automated means, such as through scrapers, spiders, robots, or other harvesting programs (collectively referred to as “Auto Data Collection”).
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server(s) on which the Site is hosted, or any server, computer or database connected to the Site.
- Cause the Site or portions of it to be displayed, or appear to be displayed by or on any other site.
No User may use the Site at any
time for any purpose that is unlawful or prohibited and shall comply with any
applicable local, state, national, or international laws or regulations when
using this Site.
The Weiss Asset Management Group and
the logos and marks included on the Site that identify Weiss Asset Management Group
services and products are proprietary materials. The use of such terms and
logos and marks without the express written consent of the Weiss Asset
Management Group is strictly prohibited. Copyright in the pages and in the
screens of the Site, and in the information and material therein, is proprietary
material owned by the Weiss Asset Management Group unless otherwise indicated.
The unauthorized use of any material on the Site may violate numerous statutes,
regulations and laws, including, but not limited to, copyright, trademark,
trade secret or patent laws.
If you print, copy, modify,
download, or otherwise use or provide any other person with access to any part
of the Site in breach of the Terms, we may restrict your right to use the Site
and you must, at our option, return or destroy any copies of the materials you
have made. No right, title, or interest in or to the Site or any content on the
Site is transferred to you, and all rights not expressly granted are reserved
by the Weiss Asset Management Group. Any use of the Site not expressly permitted
by these Terms is a breach of these Terms and may violate copyright, trademark,
and other laws.
Disclaimer of Warranties
You understand that we cannot and do not
guarantee or warrant that files available for downloading from the internet or
the Site will be free of viruses or other destructive code. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data input
and output, and for maintaining a means external to our site for any
reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, THE WEISS ASSET MANAGEMENT GROUP WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,
VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE
TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE
LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE
WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE WEISS ASSET MANAGEMENT GROUP NOR
ANY PERSON ASSOCIATED WITH THE WEISS ASSET MANAGEMENT GROUP MAKES ANY WARRANTY
OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE WEISS ASSET MANAGEMENT GROUP NOR ANYONE ASSOCIATED WITH THE
WEISS ASSET MANAGEMENT GROUP REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS
CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE WEISS
ASSET MANAGEMENT GROUP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES
THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO
EVENT WILL THE WEISS ASSET MANAGEMENT GROUP, ITS AFFILIATES, OR THEIR
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE
LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED
TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
All matters relating to the Site
and these Terms and any dispute or claim arising therefrom or related thereto
(in each case, including non-contractual disputes or claims), shall be governed
by and construed in accordance with the internal laws of the Commonwealth of
Massachusetts without giving effect to any choice or conflict of law provision
or rule (whether of the Commonwealth of Massachusetts or any other
jurisdiction). You and the Weiss Asset Management Group agree that all claims
or disputes concerning the Site shall proceed solely on an individual and not
class action or representative basis in binding arbitration before and subject
to the rules of the American Arbitration Association.
No waiver by the Weiss Asset
Management Group of any term or condition set out in these Terms shall be
deemed a further or continuing waiver of such term or condition or a waiver of
any other term or condition, and any failure of the Weiss Asset Management Group
to assert a right or provision under these Terms shall not constitute a waiver
of such right or provision. If any provision of these Terms is held by a court
or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable
for any reason, such provision shall be eliminated or limited to the minimum
extent such that the remaining provisions of the Terms will continue in full
force and effect.
Nothing on the Site is or should
be construed as an offer to sell securities, commodities or other investments
or a solicitation of an offer to buy securities, commodities or other
investments. Nothing on the Site constitutes advice regarding, or a recommendation
of, the purchase or sale of a security, commodity or other investment or any
other transaction. The Weiss Asset Management Group offers products and
services designed specifically for various categories of investors in various
countries and regions. Not all products will be available to all investors.
These products or services are only offered to such investors, in those
countries and regions, in accordance with applicable laws and regulations.
Registration with the Securities and Exchange Commission as an Investment Advisor does not imply any level of skill or training.
Last revised: November 15, 2019