Aquitania Capital Management, LLC
Terms of Use
September 30, 2020

TERMS OF USE

By accessing and using this website, you accept, without qualification the following terms and conditions:

AGREEMENT TO TERMS OF USE

Please read the following terms and conditions (“Terms of Use”) before using the Aquitania Capital Management, LLC (“ACM”, “we”, or “us”) website aquitaniacapital.com (the “Site”). Your access to and use of the Site is subject to these Terms of Use and all applicable laws and regulations. The Terms of Use constitute a legal agreement between you and Aquitania Capital Management. The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to persons under age 18. If you do not approve and accept these Terms of Use without qualification, you should exit the Site immediately.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

The Site is for your personal and non-commercial use. ACM grants you a non-exclusive, non-transferable, and limited personal license to access and use the Site, conditioned on your continued compliance with these Terms of Use. You may not modify, copy (except as set forth below), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site. You may not link other websites to the Site without Aquitania Capital Management’s prior written permission. You are prohibited from using the Site to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper, or other automated means to access the Site for any purpose without Aquitania Capital Management’s prior written permission. You may not take any action that imposes, or may impose, in Aquitania Capital Management’s sole discretion, an unreasonable or disproportionately large load on Aquitania Capital Management’s infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures Aquitania Capital Management may use to prevent or restrict access to the Site. Any rights not expressly granted herein are reserved.

NO SECURITIES OFFERING OR INVESTMENT ADVICE

The information on the Site is intended to enable investors to understand the nature of ACM’s investment advisory services. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. Investment management services are offered only pursuant to a written investment management agreement, which investors are urged to carefully read and consider in determining whether such agreement is suitable for their individual needs and circumstances. The information in the Site should not be construed as Aquitania Capital Management’s endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information found on the Site, and Aquitania Capital Management urges you to make sure you understand these risks before relying on, using or retrieving any information on the Site. You should evaluate the information made available through the Site, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service, or other information. You agree that Aquitania Capital Management is not liable for any action you take or decision you make in reliance on any information on the Site.

Aquitania Capital Management’s services are designed to integrate with the services provided by its clients’ other financial, legal and tax advisers, not to replace their services. Aquitania Capital Management advises its clients from time to time on non-investment related matters, but clients must rely on their other professional advisers for final approval and/or implementation of non-investment matters.You acknowledge that any requests for information are unsolicited and any information provided is not investment advice by Aquitania Capital Management to you and does not form an investment advisory relationship, or any other client relationship, between you and Aquitania Capital Management. It is strongly recommended that you seek outside advice from a qualified securities professional. Aquitania Capital Management does not guarantee the suitability or potential value of any particular investment or information source. Aquitania Capital Management may invest or otherwise hold an interest in companies or securities that may be discussed on the Site.

TRUTHFUL INFORMATION

As a condition to your use of the Site, you represent and warrant to, and agree with Aquitania Capital Management that, all of the information that you provide is truthful, accurate and complete.

DISCLAIMERS AND LIMITATION OF LIABILITY

The information, software and services published on this website may include inaccuracies or typographical errors. Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness, timelines and correct sequencing of such information, software and services and the results obtained from their use are not guaranteed by Aquitania Capital Management or any persons creating or transmitting such information, software and services.

Aquitania Capital Management or its suppliers may make improvements or changes in the content and operation of the Site at any time without notice. The Site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other reasons.

Aquitania Capital Management and each of its suppliers makes no representation about the suitability of the information, software, products and services contained on this website for any purpose. All such information, software, products and services are provided “as is” without warranty of any kind. Aquitania Capital Management and each of its suppliers disclaims all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and availability. Because some jurisdictions do not allow the exclusion of implied warranties, this exclusion may not apply to you.

Your use of the Site is at your own risk. You are solely responsible for any damage to your computer, loss of data or any other damage or loss that results from the download of any content from the Site. None of Aquitania Capital Management or any of its suppliers shall be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with or relating to the use of or access to the Site or with the delay or inability to use the Site, or for any information, software, products or services obtained through the Site, whether based on contract, tort, strict liability or otherwise, even if Aquitania Capital Management or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.

Aquitania Capital Management and any person creating or transmitting the information on the Site shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of such information. If you are dissatisfied with the information, products or services offered at the Site or with the terms and conditions of these Terms of Use, your sole and exclusive remedy is to discontinue use of and access to the Site.

OWNERSHIP OF CONTENT

The Site and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of Aquitania Capital Management and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Site are proprietary to Aquitania Capital Management, including all registered and unregistered trademarks and service marks of Aquitania Capital Management. If the Site includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by Aquitania Capital Management, or any third party, without Aquitania Capital Management’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of Aquitania Capital Management’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without Aquitania Capital Management’s prior written permission.

PRIVACY

If Aquitania Capital Management collects any information from users of the Site, the collection and use of such information is governed by Aquitania Capital Management’s Website Privacy Policy, which you should read prior to providing any information to Aquitania Capital Management.

NO UNLAWFUL OR PROHIBITED USE

As a condition to your use of the Site, you represent and warrant to, and agree with, Aquitania Capital Management that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.

REFERENCES TO PUBLICATIONS AND OTHER COMPANIES

References to any publication or any other company in the Site are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of Aquitania Capital Management or that Aquitania Capital Management endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of Aquitania Capital Management.

LINKS TO THIRD PARTY WEBSITESThe Site may contain hyperlinks to websites operated by parties other than Aquitania Capital Management, which may not have been screened or reviewed by Aquitania Capital Management and which may contain inaccurate, inappropriate, or offensive material, products or services. Aquitania Capital Management does not control such websites, and Aquitania Capital Management assumes no responsibility or liability with regard to the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. Aquitania Capital Management’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

MODIFICATION AND MONITORING OF WEBSITE

Aquitania Capital Management may, at its discretion, change, modify, add, or remove portions of these Terms of Use at any time without notice to you. We suggest that you check these Terms of Use periodically for changes. These Terms of Use can be accessed from the link at the bottom of each page of the Site. If you use the Site after we post changes to these Terms of Use, you accept the changed Terms of Use. Aquitania Capital Management may monitor any and all use of the Site.

INDEMNITY

You agree, at your own expense, to indemnify, defend and hold harmless Aquitania Capital Management, its parents, subsidiaries and affiliates, and their officers, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, settlements and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use or Aquitania Capital Management’s Website Privacy Policy, your use of the Site or any product or service related thereto, or any of your other acts or omissions.

JURISDICTIONAL ISSUES AND APPLICABLE LAW

Unless otherwise specified, Aquitania Capital Management controls and operates the Site from its offices in the State of Texas, United States of America.

Aquitania Capital Management does not claim that materials in the Site are appropriate or available for use in locations other than Texas. If you choose to access the Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.Software from the Site is further subject to United States export controls. Software from the Site may not be downloaded or otherwise exported or re-exported outside the United States. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.

These Terms of Use are governed by Texas law, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in Austin, Texas, which shall have exclusive jurisdiction over all disputes arising out of or relating to these Terms of Use, the use of the Site or any product or service related thereto. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

GENERAL

You agree that no joint venture, partnership, employment or agency relationship exists between you and Aquitania Capital Management as a result of these Terms of Use or use of the Site.

Aquitania Capital Management’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Aquitania Capital Management’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Aquitania Capital Management with respect to such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

By reviewing or using the information on the Site after accessing the Site, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding, and (c) you will use the information on the Site in a manner consistent with applicable laws and regulations in accordance with these Terms of Use, as Aquitania Capital Management may amend them online or otherwise from time to time. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use constitute the entire agreement between the user and Aquitania Capital Management with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Aquitania Capital Management with respect to the Site.