Updated July 30, 2021
THESE WEBSITE CONDITIONS OF USE (THIS “AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TOLA CAPITAL MANAGEMENT, LLC. (“TOLA”, “WE”, “US, “OUR”). AS USED HEREIN, “YOU” MEANS A USER OF THE SITE. YOU SHOULD CAREFULLY READ THIS AGREEMENT. THIS AGREEMENT GOVERNS YOUR USE OF THE WEBSITE www.tolacapital.com AND ANY SUBDOMAINS THEREOF, AND THE APPLICATIONS, FEATURES, AND INFORMATION AVAILABLE ON SUCH WEBSITE (TOGETHER WITH ASSOCIATED AND SUCCESSOR WEBSITES, APPLICATIONS, FEATURES, AND INFORMATION, OR ANY PART THEREOF (THE “SITE”)). BY USING OR ACCESSING THE SITE YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU ARE NOT PERMITTED TO USE THE SITE. ADDITIONAL TERMS AND CONDITIONS FOR SPECIFIC TOLA PRODUCTS AND SERVICES MAY ALSO APPLY.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
As a condition of your use of, and access to, the Site, you agree that you will not: download the Site (other than page caching) or modify it, or any portion of it, except with express written consent of Tola. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Tola. This permission does not include any resale or commercial use of the Site or its contents or any derivative use of the Site or its contents.
You may not use data mining, robots, screen scraping, or similar data gathering, extraction tools, meta tags with respect to the Site, nor may you use any “hidden text” utilizing Tola’s name or trademarks, or use frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tola without our express written consent.
You may not distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program, or otherwise violate the terms of service of Facebook, Twitter or other channel by which you access the Site, or any applicable law, including without limitation any applicable export laws.
You may create a hyperlink to the Site so long as the link does not portray Tola in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tola logo or other proprietary graphic or trademark as part of the link without our express written consent.
Any unauthorized use of the Site terminates the permission to access and use the Site granted by Tola herein.
Child Online Protection Act Notification
Pursuant to 47 U.S.C. § 230(d) as amended, Tola hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available at the following links:
Please note that Tola is not affiliated with the above listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.
Tola Capital and other marks indicated on the Site are trademarks of Tola in the United States and/or other countries. Other Site graphics, logos, page headers, button icons, scripts, and product names are trademarks or trade dress of Tola. Tola’s trademarks and trade dress may not be used in connection with any product or service that is not Tola’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tola. All other trademarks not owned by Tola that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tola.
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NEITHER TOLA NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “Tola Parties”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, OR ERROR-FREE, OR THAT OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY. WITHOUT LIMITATION, TOLA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
NEITHER TOLA NOR ITS AFFILIATES OR LICENSORS, NOR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OF THE FOREGOING, WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM OR OTHERWISE RELATING TO THE SITE OR THE USE THEREOF. IN NO EVENT WILL ANY OF SUCH TOLA PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. If, notwithstanding the foregoing exclusions, it is determined that Tola is liable for damages, in no event will Tola’s liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) $100. You hereby agree to defend, indemnify, and hold Tola harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys’ fees) incurred by Tola arising out of or from your use of the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. You agree that the provisions in this paragraph will survive any termination of this Agreement.
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Informational Purposes Only
Please note that it is your responsibility to be aware of, and to observe, all applicable laws and regulations of any relevant jurisdiction. Nothing on this Site should be interpreted as investment, accounting, tax, or legal advice, or an endorsement or recommendation, or an offer or solicitation of an offer to buy, an interest in a fund or any other security or investment product. The information on this Site does not constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. No action should be taken or omitted to be taken in reliance upon information on this Site. Nothing on the Site is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances. You acknowledge that specific transactions included on the Site are representative. Representative transactions may not include a complete list of all or current Tola investments. Past performance of representative transactions is no guarantee of future results. It should not be assumed that investments made in the future will be profitable or equal to the performance of previous investments. You agree that such information should not be construed as an offer or solicitation of any security or investment product, nor should it be interpreted to contain a recommendation for the sale or purchase of any security or investment product.
Third Party Sites and Products
You acknowledge that the rights granted and obligations made hereunder to Tola are of a unique and irreplaceable nature, the loss of which will irreparably harm Tola and which cannot be replaced by monetary damages alone so that Tola will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
By visiting the Site, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Tola. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Delaware.
The information provided on 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 Tola to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. You may terminate this Agreement by discontinuing use of the Site. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Tola if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in Tola’s sole discretion. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without Tola’s prior written consent. This Agreement contains the entire understanding of you and Tola, and supersedes all prior understandings between the parties concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Statute of Limitations
You and Tola both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.
Site Policies, Modification, and Severability
Tola may change, modify, suspend, or discontinue in its entirety or any aspect of the Site at any time. You should visit this page whenever you use the Site to review this Agreement and learn if any terms have changed. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Site. Your continued use of the Site following any revision to this Agreement constitutes your complete acceptance of any and all such changes. If any of these terms or conditions are deemed invalid, void, or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining terms or conditions.