PLEASE READ ALL OF THESE TERMS CAREFULLY BEFORE YOU USE THIS WEBSITE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS THIS WEBSITE. WHETHER OR NOT YOU ACTUALLY READ THESE TERMS, YOUR ACCESS OR USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THEM. WE MAY MODIFY THESE TERMS AT ANY TIME AND WITHOUT NOTICE, AND ANY SUCH MODIFICATION WILL BE EFFECTIVE PROSPECTIVELY AS OF THE DATE WHEN THE UPDATED TERMS ARE POSTED. YOU ARE RESPONSIBLE FOR BEING FAMILIAR WITH THE CURRENT OR LATEST VERSION OF THESE TERMS AS POSTED ON THE WEBSITE. OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS WILL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
You are strictly prohibited from unauthorized use of this Website (or any of our systems), including but not limited to any unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on this Website. You are also prohibited from accessing this Website with any data extraction, scraping, mining, or other data gathering tools.
You may use this Website only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
Investment Adviser Regulatory Matters
Sestante Capital is an exempt reporting investment adviser with the Securities and Exchange Commission relying on an exemption available to certain private fund managers. As an exempt adviser, Sestante Capital is not subject to certain rules and regulations that registered investment advisers are subject to. The information provided on this Website and Sestante Capital’s services are not intended for and may not be used by any entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules, or regulations of any governmental authority or regulatory or self-regulatory organization, or where Sestante Capital is not authorized to provide such information or services. Sestante Capital’s exempt investment adviser report is available on Form ADV.
No Investment, Legal, or Tax Advice; No Offers or Solicitation
This Website and its contents are for informational purposes only. Neither the information nor any opinion contained on this Website constitutes investment, legal, or tax advice, or a solicitation or an offer to sell any securities or other financial instruments, or to provide any investment advice or service. Sestante Capital is not using this Website to provide investment, legal, tax, or other advice, and no information on this Website may be relied upon for the purpose of making or communicating investment or other decisions.
In exchange for using this Website, you agree to defend, indemnify, and hold harmless, to the greatest extent permitted by law, Sestante Capital and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of these Terms, state or federal securities laws or regulations, or any third party’s rights, including but not limited to your infringement of any third party’s copyrights, trademarks, proprietary rights, or privacy rights.
Proprietary Rights; Restrictions on Use of Website Content
You acknowledge and agree that this Website contains data, graphics, icons, images, information, logos, photographs, proprietary research, software, text, and typefaces (collectively “Content”) protected by copyrights, trademarks and/or other proprietary rights, and that these rights are valid and protected in all forms now existing or later developed. You further acknowledge and agree that the Content, as well as the right, title and interest in the Website, are the exclusive property of Sestante Capital, except as otherwise stated. Except as expressly permitted in these Terms, nothing on this Website shall be interpreted as granting a license or right for you to use any Content in any manner for any purpose.
You may not augment, copy, create derivative works from, delete, display, distribute, frame, license, modify, perform, publish, remove, scan, transfer, transmit, sell, or in any way exploit the Content, in whole or in part, for any purposes, except for the purposes expressly permitted herein. If no specific restrictions are displayed, you may make one copy of select portions of the Content, provided that: (1) the copy is made only for your personal information and non-commercial use; (2) you do not alter or modify the Content in any way; and (3) you maintain any copyrights, logos, notices, trademarks, or proprietary rights notices contained in the Content. Except as provided in the preceding sentence, or as permitted under U.S. copyright laws, you may not alter, distribute, reproduce, or use any Content in any way without the prior written permission of Sestante Capital or, as the case may be, the third party owner of such Content.
Modifications to this Website
We reserve the right, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of this Website, including, but not limited to, any Content on this Website, and we will not be liable to you for doing so. We may also impose rules for and limits on use of this Website or restrict your access to part, or all, of this Website without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Disclaimer of Warranties; Limitation on Liability
THE INFORMATION AND SERVICES CONTAINED ON THIS WEBSITE ARE PROVIDED “AS IS, WHERE IS, AND WHEN AVAILABLE” AND SESTANTE CAPITAL DOES NOT WARRANT THE INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREIN, OR YOUR USE OF THE WEBSITE GENERALLY, FOR ANY PARTICULAR PURPOSE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, SESTANTE CAPITAL DOES NOT GUARANTEE THE ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS, OR VALIDITY OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FROM THESE SOURCES FOR ANY PARTICULAR PURPOSE. NO WARRANTY OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND SERVICES CONTAINED ON THIS WEBSITE. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.
Sestante Capital does not warrant that the use of the Website will be uninterrupted or error-free, or free from computer viruses. Sestante Capital makes no representation whatsoever concerning the security or confidentiality of any information that you submit through this Website, and, further, specifically makes no representation that any information submitted through this Website will be received by Sestante Capital in a timely manner or at all. In no event will Sestante Capital be liable for any: (i) damages, including without limitation, direct or indirect, special, incidental, punitive, or consequential; (ii) losses of any kind; or (iii) expenses, in any of the foregoing cases arising from your access to or use of (or inability to access or use) this Website or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line or system failure related to this Website.
Use of Links
Confidentiality and Security
As a condition to your use of this Website, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, obtain any personal information about, or impersonate any other user of this Website; (iii) probe, scan, or test the vulnerability of this Website, or breach security authentication measures; (iv) attempt to interfere with service to any user, host, or network, or otherwise attempt to disrupt the business of Sestante Capital; or (v) send unsolicited mail, including promotions and/or advertising of products or services. Unauthorized access and/or use of this Website, including misuse of passwords or information, is strictly prohibited.
Certain areas of the Website are restricted and accessible to Sestante Capital clients only via an encrypted client portal by way of a multi-factor authentication process. If you are not a client and do not have the requisite authentication factors, you are not permitted access. If you are a client, you are responsible for maintaining the confidentiality of any authentication factors, including but not limited to user names, passwords, and security questions and answers. All information available through the client portal area of the Website is confidential, and you agree to use your best efforts to keep such information strictly confidential, and not provide it to any unauthorized person for any purpose.
Any dispute, claim, or cause of action arising from these Terms or any access or use of this Website shall be governed by and construed in accordance with the laws of the State of New York, without giving effect or regard to any principles or doctrines of conflicts of law (and the federal laws of the United States, to the extent applicable).
Severability; Complete Agreement
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
These Terms constitute the entire agreement between you and Sestante Capital with respect to your access to or use of this Website.