Terms of Use
Posted: August 3, 2020
Website Terms of Use
The terms and conditions of use set forth below apply to this website (collectively, the “Site”).
Please read these terms and conditions of use carefully before using the Site. The terms and conditions apply to all pages of the Site whether or not those terms and conditions appear on each individual page. By using the Site, you acknowledge that you have read, understood and agree to be bound by these terms and conditions of use without limitation,modification or qualification.
If you do not agree to these terms and conditions of use, you may not access or use the Site.Himalaya Capital Management (“Himalaya”, “us”, “we” or “our”) reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Site after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.
Disclaimer
Nothing contained in the Site constitutes investment,legal or tax advice.
Neither the information, nor any opinion contained in the Site constitutes a solicitation or offer by Himalaya or any fund or other entity managed directly or indirectly by Himalaya, to buy or sell any securities, futures, options or other financial instruments. Decisions based on information contained on the Site are the sole responsibility of the visitor.
Himalaya makes no representations or guarantees that the contents are appropriate for use in all locations, or that the transactions, securities, products, instruments, strategies or services discussed on the Site are available or appropriate for sale or use in all jurisdictions or countries, or by all visitors to the Site. All persons and entities accessing the Site do so on their own initiative and are responsible for compliance with applicable local laws and regulation.
Although the material in the Site is based upon information that Himalaya considers reliable and endeavors to keep current, the materials in the Site are provided “AS IS” and without warranties of any kind (either express or implied).
To the fullest extent permissible pursuant to applicable law, Himalaya disclaims any and all warranties, express or implied that the material is accurate, current or complete, and it should not be relied upon as such and expressly disclaims liability for errors or omissions in the Site including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Himalaya makes no commitment, and disclaims any duty, to update such material. Himalaya reserves the right to add,modify or delete any information on the Site at any time.
Himalaya further assumes no responsibility for,and makes no warranties that, functions contained at the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. Himalaya shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer on account of your accessing the Site.
No use of the Site will constitute the entry into a client, investment or any other relationship with Himalaya.
Restrictions on Use of Materials and Limited License
Unless otherwise expressly noted, all information and materials, including, without limitation, images,illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Site (“Himalaya Materials”) are copyrights,trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Himalaya. Except as provided below,no Himalaya Material from the Site may be copied, reproduced, republished,uploaded, posted, transmitted, distributed, or modified, without Himalaya’s written permission.
Modification or use of the information or materials for any other purpose will violate the copyright or other intellectual property rights of Himalaya.
Transmissions to and from the Site
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.himcap.com or www.himalayacapital.com domain names or made via the Site may not be secure. Communications to Himalaya,particularly those containing confidential information, should be sent by mail.
Any communication or other material that you send to us through the Internet or post on the Site by electronic mail or otherwise, is and will be deemed to be non-confidential and Himalaya shall have no obligation of any kind with respect to such information. Himalaya shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, without any compensation due or payable to you, and you hereby grant Himalaya an unlimited, non-exclusive license in such material.
Links to Other Web Sites and Services
Himalaya does not review or monitor any websites linked from or to the Site and your following links from or to such websites is at your sole risk. Accordingly, Himalaya cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will Himalaya be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by Himalaya with respect to any such linked websites or the content,products or services contained or accessible through, or the operators of, such websites.
Severability
If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.