Terms and Conditions of Website Use
Please read the following terms and conditions of use (“Terms”) carefully. These Terms govern your use of our website, www.crossoceanpartners.com (the “Site”). By using or accessing this Site, or any part of it, you agree to be bound by the Terms and to abide by policies published on the Site.
We may modify or revise the Terms at any time, and your continued use of the Site indicates your acceptance of the changes. All amendments and updates to these Terms are effective immediately upon notice, which we may give by any means, including but not limited to, by posting notice of the revision on the Site’s homepage or emailing you notice if you have provided an email address to us. You should periodically review this Terms to see whether changes have been made and if you agree to the changes.
Information about Cross Ocean
The purpose of this Site is to inform visitors as to the business and activities of Cross Ocean Adviser LLP and Cross Ocean Partners Management LP (together “Cross Ocean”) and the experience of Cross Ocean’s partners and staff. Cross Ocean Adviser LLP (reference number 755396) is authorised and regulated by the Financial Conduct Authority in the UK (“FCA”). Cross Ocean Partners Management LP (reference number 801-108492) is a registered investment adviser with the Securities Exchange Commission (the “SEC”) in the US.
The information on this Site, including all opinions or other content, is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services but is for information purposes only. Nothing in this Site should be construed as a solicitation for any form of investment nor an invitation or inducement to engage in investment activity nor a financial promotion (for example for the purposes of Section 21 of the UK’s Financial Services and Markets Act 2000 ("FSMA")).
Nothing in this Site should be regarded as constituting the provision of investment advice by Cross Ocean nor of any other regulated activity. This Site is not a substitute for independent professional advice and users of this Site should obtain appropriate professional advice relevant to their particular circumstances on such matters as they deem appropriate. The Site must not be relied upon in connection with any investment decision.
This Site may include forward-looking statements. These forward-looking statements are typically identified by terminology such as “may”, “should”, “will”, “expects”, “anticipates”, “plans”, “intends”, “believes”, “estimates”, “projects”, “predicts”, “seeks”, “potential”, “continue” or other similar terminology or by discussion of strategy, plans, objectives, goals, future events or intentions. Any such forward-looking statement is based on Cross Ocean’s expectations, assumptions, estimates and projections about future events at the date of publication. Actual outcomes are subject to numerous risks and uncertainties that could cause them to differ materially from those expressed or implied in a forward-looking statement. Given these inherent risks and uncertainties, you should not rely on forward-looking statements. Cross Ocean has no obligation to update or otherwise revise any forward-looking statements to reflect the occurrence of unanticipated events or for any other reason.
No representation or warranty is made as to whether assumptions that may be made on the Site will be proved to be correct or whether future results will occur as projected or will be attained. If and to the extent that the Site contains information regarding the past performance of any investments, you should be aware that this information has not been audited or verified by an independent party. Past performance is not indicative of future results. The value of any investment may fall as well as rise and there is no assurance that investors will get back any amount invested.
Please note that Cross Ocean will not regard any user of this site as its client for any purpose, including but not limited to, purposes associated with FSMA or other applicable law and will not owe any duties to any such user, including but not limited to, in accordance with the provisions of the FCA Rules that regulate the relationship between an authorised investment firm and its clients.
Cross Ocean Adviser LLP is registered in England and Wales under company number OC400273, with its registered office at 4th Floor Reading Bridge House, George Street, Reading, Berkshire, RG1 8LS.
Cross Ocean Partners Management LP is registered in the State of Delaware, with its registered office at The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, County of New Castle.
Content of website
Although Cross Ocean has used reasonable efforts to obtain and provide information from reliable sources, no representation is made that the information and opinions contained in this Site are accurate, reliable or complete. You must in any event conduct your own due diligence and investigations rather than relying on any of the information in this Site.
Non-UK-resident persons and Non-US-resident persons choosing to view or make use of this Site do so on the basis that they have informed themselves of any regulatory or other consequences of their doing so and do so at their own risk. Access to this Site is not open to persons resident in, or citizens of any territory outside the UK or USA where, to allow such access would require any registration, filing, application for any licence or approval or other steps to be taken by Cross Ocean in order to comply with local laws or other regulatory requirements in such overseas territory.
Copyright and trade marks
Unless otherwise stated, all rights in any information which appears on this Site (including the screen displays, the content, the text, graphics and look and feel of the Site) belong to Cross Ocean or its licensors.
Any party using or accessing this Site is entitled to download and/or print a copy of such parts of the pages of the Site as may reasonably be required for their own personal, non-commercial use but may not re-publish, store or re-produce any such information in any manner, including without limitation electronic reproduction by “uploading” or “downloading”, without the prior written consent of Cross Ocean.
Any unauthorised downloading, re-transmission or other copying or modification of any of the contents of the Site may be in breach of statutory or common law rights which could be the subject of legal action. Cross Ocean disclaims all liability which may result from any unauthorised reproduction or use of the information on the Site. All rights not expressly granted are reserved by Cross Ocean or its licensors.
All trade marks, service marks, company names or logos are the property of their respective holders. The display of any trade names or trade marks on the Site does not imply any licence has been granted to any third party in respect of the same. Any use by you of these marks, names and/or logos may constitute an infringement of the holders’ rights.
By entering this Site, you acknowledge and agree that the use of this Site is at your own risk and to the extent permissible by applicable law, IN NO CIRCUMSTANCES, INCLUDING (BUT NOT LIMITED TO) NEGLIGENCE, SHALL CROSS OCEAN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDING ANY LOSS OF PROFITS, BUSINESS, REVENUE OR GOODWILL ARISING FROM THE USE OF, ACCESS TO OR INABILITY TO USE OR ACCESS, INTERRUPTION OR OTHER NON-AVAILABILITY OF THE SITE, ITS OPERATION OR TRANSMISSION, COMPUTER VIRUSES (OR EQUIVALENT), OR ANY OTHER ERRORS, OMISSIONS OR DEFECTS, LOSS OF DATA OR OTHERWISE IN RESPECT OF ITS USE OR THE DOWNLOADING OR USE OF ANY MATERIAL FROM THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ARE RESPONSIBLE FOR USING YOUR OWN VIRUS PROTECTION SOFTWARE.
INA JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE, CUMULATIVE AND MAXIMUM LIABILITY OF CROSS OCEAN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.
You agree to indemnify and hold harmless Cross Ocean, its affiliates, related parties, officers, directors, employees, trustees, agents independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the Site or service, your submission of content, your violation of any applicable law or these Terms, or any other violation of the rights of another person or party. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
For your convenience, certain hyperlinks may be provided on the Site that link to other websites which are not under the control of Cross Ocean (the “Linked Websites”). Your use of other websites and any purchases of products or services from such other websites are subject to the terms and conditions of such other websites and any information (including personal and financial information) that you submit or reveal on or to a third party website accessible from this Site is not protected or governed by this Site’s Terms or policies. Cross Ocean is not responsible for the content of any other websites that are linked to or from this site and Cross Ocean excludes all warranties and all liability for any loss or damage you may incur as a result of your use of such sites. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
Accuracy of content on the website
Content provided on the site is believed to be reliable when displayed. Cross Ocean cannot guarantee that content will be accurate, complete and current at all times. All content on the site and these terms and conditions are subject to modification from time to time without notice. If you use the site after the date on which the changes come into effect, you will be deemed to have accepted the new terms and conditions.
Disclaimer of Warranties
THE INFORMATION, CONTENT, OR MATERIALS AVAILABLE FROM OR PROVIDED ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Cross Ocean makes no warranties or representations about the accuracy or completeness of the Site’s content or the content of any sites linked to this Site and assumes no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;
- Unauthorized access to or use of Cross Ocean’s secure servers and/or any and all personal information and/or financial information stored therein;
- Interruption or cessation of transmission of information to or from the Site;
- Bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party; and/or
- Loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.
You must not use this Site to do anything listed below nor for any other unlawful, improper or illegal purpose or activity:
- Upload, post, email, transmit, or otherwise make available any material or content:
- that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary information, and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- Post any material 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;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Launch any automated system, including without limitation, “robots”, “spiders”, “scrapers” or “offline readers” that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Notwithstanding the foregoing, Cross Ocean grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Cross Ocean reserves the right to revoke these exceptions either generally or in specific cases.
- Violate any applicable local, state, national, or international law, intentionally or unintentionally;
- Stalk or otherwise harass another person; and/or
- Collect or store personal data about users.
Additionally, you will not use this site in a way which would cause or may cause:
· damage to the reputation of Cross Ocean;
· the site to be interrupted, damaged or impaired;
· a virus or malicious code to be introduced into any part of the site;
· offence or detriment to any other person who uses the site;
· Cross Ocean, you or any other user of the site to be in breach of any applicable law or regulation; or
· detriment to any person who supplies services to Cross Ocean in connection with the site.
To the extent permitted by applicable law, Cross Ocean does not warrant that the Site will be available at any time or that your access to the Site will be uninterrupted, timely or free from viruses or other harmful components. If the Site is unavailable, please report this by e-mailing firstname.lastname@example.org and Cross Ocean will attempt to correct the fault as soon as it reasonably can.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cross Ocean without restriction.
You and Cross Ocean agree that any claim or cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.
If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities.
The Terms and any dispute or claim arising out of or in connection with them including their formation (and including non-contractual claims) shall be governed by and construed in accordance with the laws of England and you agree to submit to the exclusive jurisdiction of the English courts as regards any claim arising from, or related to, a visit to our Site.
© 2017 Cross Ocean Adviser LLP. All rights reserved.