This Web site and the services of Chicago Capital Management, L.P., its general partner, and its and their affiliates (“Chicago Capital Management”) available via this Web site (the “Site”) are provided subject to the terms set forth herein. If you visit the Site, you agree to be bound by these Terms of Use.
Chicago Capital Management reserves the right to modify the Site or these Terms of Use at any time. Any modifications to the Terms of Use will be effective upon their posting. Your continued use of the Site following the posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.
Chicago Capital Management, CCM, the Chicago Capital Management logo, and other marks displayed on the Site are the proprietary service marks or trademarks of Chicago Capital Management or other third parties. Chicago Capital Management’s trademarks may not be used in connection with any product or service that is not Chicago Capital Management’s in any manner that is likely to cause confusion among consumers, or to disparage or discredit Chicago Capital Management. All other trademarks not owned by Chicago Capital Management 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, Chicago Capital Management. You may not use, copy, modify, or display any of the trademarks, service marks, names, or logos appearing on the Site without the express written permission of the service mark or trademark owner.
All content on the Site, including, but not limited, to works of authorship, publications, white papers, design, text, graphics, photos, logos, button icons, images, software, audio clips, digital downloads, and data compilations; any improvements or modifications to such content; any derivative works thereof; and the collection, arrangement, and assembly of all content on this Site are the property of Chicago Capital Management or its licensors and are protected by United States and international copyright and other intellectual property laws.
Nothing in these Terms of Use shall grant to you or to any other user any license or right in or to any copyright, trademark, trade secret, or other proprietary right of Chicago Capital Management or any other person.
The Site may include information regarding Chicago Capital Management and its products and services, as well as publications proprietary to Chicago Capital Management, data compilations, and links to third party Web sites. You may download, view, copy, and print information, materials, and any other aspect of the Site (i) solely for your personal informational purposes; and (ii) provided that neither the materials nor any proprietary notices or disclaimers therein are modified or altered.
You agree not to upload on or transmit to or via the Site any information which (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene, or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse, or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, or regulation.
You agree that you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the account or computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any treaty, law, or regulation and to fully comply with all applicable treaties, laws, and regulations in your use of the Site.
You agree to access the Site through a Web browser and specifically agree not to use any third-party applications to access the Site or any page of the Site. You further agree that you will not use any robot, spider, or other automatic device, manual process, or application or data mining or extraction tool to access, monitor, copy, or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion thereof or any information or content on the Site without the prior written permission of Chicago Capital Management. In addition, you agree not to link to any page of the Site other than the home page located at www.chicagocapitalmanagement.com.
Chicago Capital Management reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to, unauthorized access to the Site through a third-party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Site; action that imposes an unreasonable load on the Site; or any link to any page of the Web site other than the home page. Chicago Capital Management’s decision not to pursue legal action for any violation of the Terms of Use shall not be construed as a waiver of the Terms of Use or Chicago Capital Management’s legal rights.
You acknowledge you are fully responsible for all activities that occur through the use of any password, user ID, or other access methods (“Access Method”) you may be granted as a client of Chicago Capital Management, whether or not such use is authorized by you. You agree not to access or attempt to access any password-protected portions of the Site without an authorized Access Method or through any means other than by using your authorized Access Method on the appropriate Web page or Web tools.
The terms of the Chicago Capital Management Privacy Policy are hereby incorporated as part of these Terms of Use.
Except where otherwise expressly provided by Chicago Capital Management , all comments, feedback, or information submitted to Chicago Capital Management through or in association with the Site (collectively, “Feedback”) shall be considered nonconfidential and Chicago Capital Management’s property. By submitting such Feedback to Chicago Capital Management, you agree that you assign to Chicago Capital Management, without charge, all worldwide rights, title, and interest, including copyrights and other intellectual property rights, in and to such Feedback. Chicago Capital Management shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation, or royalties to you.
You acknowledge that, at any time, Chicago Capital Management may provide links to the Web sites of financial exchanges or other third parties. Additionally, the Site may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to the sites of such advertisers. Chicago Capital Management is not responsible for the content of such advertisements or any links, or any products, services, or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply Chicago Capital Management’s endorsement of the advertisement or linked site or any content therein. IN NO EVENT WILL CHICAGO CAPITAL MANAGEMENT BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, OR ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
At any time, without notice to you, and for any or no reason, Chicago Capital Management may modify or discontinue the Site. Chicago Capital Management shall in no way be held liable for any consequence which results from Chicago Capital Management’s decision to modify or discontinue the Site.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY PUBLICATIONS, ARTICLES, OR OTHER INFORMATION, CONTENT, SERVICES, AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE IS AT YOUR OWN RISK AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES, AND MATERIALS ARE PROVIDED BY CHICAGO CAPITAL MANAGEMENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHICAGO CAPITAL MANAGEMENT MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY, OPERATION, AND USE OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES ON THE SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER THE SITE NOR ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE VIA THE SITE CONSTITUTES OR IS INTENDED TO CONSTITUTE, OR SHOULD BE CONSTRUED AS A SOLICITATION OR ANY OFFER TO BUY AN INTEREST IN ANY SECURITY, FUTURES CONTRACT OR OTHER FINANCIAL INSTRUMENT OR INVESTMENT PRODUCT OR A RECOMMENDATION OR PROMOTION OF ANY TRADING OR INVESTMENT STRATEGY. IN ADDITION, CHICAGO CAPITAL MANAGEMENT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT, AND CHICAGO CAPITAL MANAGEMENT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, CHICAGO CAPITAL MANAGEMENT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL CHICAGO CAPITAL MANAGEMENT OR ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OF CHICAGO CAPITAL MANAGEMENT OR ITS AFFILIATES (THE “CHICAGO CAPITAL MANAGEMENT PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF, THE SITE OR ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR REVENUE, OR FOR BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Chicago Capital Management parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs, and expenses (including without limitation reasonable attorneys, fees, disbursements, and court costs) arising from or in connection with (i) use of the Site or any content, information, materials, or services contained, displayed, or available therein by you or any other person accessing the Site under any Access Method [assigned to you]; (ii) your violation of these Terms of Use; (iii) any Feedback provided to Chicago Capital Management; or (iv) your violation of any third party’s rights.
Chicago Capital Management may prohibit you from using or accessing the Site for any or no reason, at any time, in its sole discretion, without notice to you.
The laws of the State of Illinois will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms of Use or your use of the Site shall be brought in state or federal court in Chicago, Illinois, and you consent to the jurisdiction of such courts.
You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. Chicago Capital Management’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Chicago Capital Management agrees to such waiver in writing.
If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and Chicago Capital Management with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, oral or written, between you and Chicago Capital Management with respect to such subject matter.
If you have any questions relating to these Terms of Use, the Site or Chicago Capital Management, please contact: Ross Pazzol at Katten Muchin Rosenman LLP, at 312-902-5554.
Chicago Capital Management respects the intellectual property of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide Chicago Capital Management the written information specified below. Please note that this procedure is exclusively for notifying Chicago Capital Management that your intellectual property rights have been infringed.
Chicago Capital Management’s Intellectual Property Agent for notice of claims of intellectual property infringement on the Site can be reached at the address below:
Intellectual Property Agent 311 S. Wacker Drive Suite 4375 Chicago, Illinois 60606 phone: (312) 374-9000 fax: (312) 374-9001
Copyright © 2012 Chicago Capital Management