Terms and Conditions of Use
This website is maintained by Blackwells Capital LLC (“Blackwells”). Please read these terms carefully. By using this site, you agree to be bound by the terms and conditions below.
No Offer of Securities – Disclosure of Interests
Under no circumstances should any material at this website be used or considered as an offer to sell or a solicitation of any offer to buy the securities or any other instruments of any fund advised by of Blackwells or any other issuer. Offers can only be made where lawful under applicable law. If you wish to obtain further details about any information contained on this website, we suggest that you contact the Blackwells team.
Your Right to Use this Website and Its Contents
This website is only for your personal use. The information and materials provided on this website are solely for your use to assist you in evaluating the products and services offered by Blackwells and in the support and use of such products. Other uses are not permitted unless you receive Blackwells’ prior written approval. You may not distribute, exchange, modify, sell, re-post or transmit anything you copy from this website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Blackwells grants you a non-exclusive, non-transferable, limited right to enter, display and use this website. You agree not to interrupt or attempt to interrupt the operation of this website in any way.
Responsibility for User’s Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Blackwells will fully cooperate with any law enforcement authorities or court order requesting or directing Blackwells to disclose the identity of anyone posting such materials.
Posted and Transmitted Material
Internet transmissions are never completely private or secure and there is always the risk of technical malfunctions or security breaches. You understand that there is the possibility that any message or information you send to this website or information posted to this website may be read or intercepted by others. Investors who do not wish to have their investment statements or other individual reports for their sole use posted on this website should contact ir@blackwellscap.com.
Linked Sites
This website may contain links to other Internet websites on the World Wide Web. Blackwells provides such links for your convenience only, and is not responsible for the content of any website linked to or from this website. Links from this website to any other website do not mean that Blackwells approves of, endorses or recommends that website. Blackwells disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website.
Loss of Password
If you become aware of any loss, theft or unauthorized use of your password or account number, immediately notify Blackwells at IR@blackwellscap.com. You are responsible for the confidentiality and use of your password and account number.
Blackwells’ Right to Change These Terms and Conditions of Use or Content on this Website
Blackwells may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this website apply as soon as they are posted. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. Blackwells may add, change, discontinue, remove or suspend any other content posted on this website, at any time, without notice and without liability.
Disclaimer of Warranties and Damages; Limitation of Liability
Your use of this website is at your own risk. This website (including all content and functions made available on or accessed through this website) is provided “as is” to the fullest extent permissible by law. Blackwells makes no representations or warranties of any kind whatsoever that the server that makes this website available is free of viruses or other components that may infect, harm or cause damage to your computer equipment or any other property when you access, browse, download or otherwise use the website. Under no circumstances, including but not limited to Blackwells’ negligence, shall Blackwells be liable for any consequential direct, incidental, indirect, punitive or special damages related to (a) the use of, (b) the inability to use or (c) errors or omissions in the contents and functions of this website, even if Blackwells or an authorized representative thereof has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In no event shall Blackwells’ total liability to you for all damages, losses and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise), exceed $100.00. Nothing on this website should be construed as advice or a legal opinion.
General Provisions
These Terms and Conditions of Use and any additional terms posted on this website together constitute the entire agreement between Blackwells and you with respect to your use of this website. Any cause of action you may have with respect to your use of this website must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its “Conflict of Laws” rules.
