Terms of Use content
Agreement to Terms of Use
These Terms of Use apply to the Luty Capital website at www.lutycapital.com and to an associated website linked to www.lutycapital.com by Luty Capital, INC. or its subsidiaries and affiliates (“Luty Capital,” “we,” “us,” or “our”). The website is the property of Luty Capital, INC.
By using this website, you agree to these Terms of Use and to the Luty Capital Privacy Policy, which is part of these Terms of Use by reference. If you do not agree, do not use this website.
Luty Capital may change, modify, add to, or remove a portion of these Terms of Use at any time, at its discretion. We post the effective date of the current version at the top of this page. Your continued use of the website after we post a change means you accept that change. As long as you comply with these Terms of Use, Luty Capital grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the website.
Investment Disclaimer
This website provides general information about Luty Capital and its activities. Nothing on this website is an offer to sell, or a solicitation of an offer to buy, a security or an interest in a fund or investment vehicle managed or advised by Luty Capital. An offer or solicitation of that kind will be made, if at all, only through definitive offering documents provided directly to qualified prospective investors, and only in a jurisdiction and to a person where that offer or solicitation is lawful.
A reference on this website to a portfolio company, investment strategy, market trend, or past result is provided for general information. It is not investment advice, is not a recommendation to buy or sell a security and does not account for the financial situation of a particular person. Past performance does not predict future results. A statement about a future, expectation, or projection is a forward-looking statement that involves risk and uncertainty; an actual result may differ from that statement.
This website is not directed to a person in a jurisdiction where its availability would violate applicable law, and information on it should not be relied on by that person. If you access this website from outside the United States, you are responsible for compliance with the law of your jurisdiction.
Disclaimers
LUTY CAPITAL DOES NOT PROMISE THAT THE WEBSITE OR A CONTENT, SERVICE, OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT A DEFECT WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PRODUCE A PARTICULAR RESULT. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LUTY CAPITAL CANNOT ENSURE THAT A FILE OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF A VIRUS OR OTHER HARMFUL CODE. LUTY CAPITAL DISCLAIMS EVERY WARRANTY, EXPRESS OR IMPLIED, INCLUDING A WARRANTY OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. LUTY CAPITAL DISCLAIMS LIABILITY FOR THE ACT, OMISSION, AND CONDUCT OF A THIRD PARTY IN CONNECTION WITH YOUR USE OF THE WEBSITE OR A LUTY CAPITAL SERVICE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND OF A LINKED WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ITS CONTENT, YOUR REMEDY IS TO STOP USING THE WEBSITE OR THAT CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES.
This disclaimer applies to a damage, liability, or injury caused by a failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction of, or unauthorized access to, alteration of, or use of the website, whether the claim rests on contract, tort, negligence, or another cause of action.
Luty Capital reserves the right, at any time and without notice, to: (a) modify, suspend, or end operation of or access to the website, or a part of it, for a reason it chooses; (b) modify or change the website, or a part of it, or a related policy or term; and (c) interrupt operation of the website, or a part of it, to perform maintenance, correct an error, or make another change.
Website Use
You may not use a “deep-link,” “page-scrape,” “robot,” “spider,” or other automated device, program, algorithm, or method, or an equivalent manual process, to access, acquire, copy, or monitor a part of the website or its content, or to reproduce or bypass the navigational structure or presentation of the website or its content, to obtain a material, document, or information through a means not made available through the website for that purpose. Luty Capital reserves the right to bar this activity.
You may not attempt to gain unauthorized access to a part or feature of the website, to a system or network connected to the website or to a Luty Capital server, or to a service offered on or through the website, by hacking, password mining, or another illegitimate means.
You may not probe, scan, or test the vulnerability of the website or of a network connected to it, or breach its security or authentication measure. You may not trace, or attempt to trace, information about another visitor to the website, or about a Luty Capital customer, including a Luty Capital account not owned by you, or exploit the website or a service offered through it to reveal information — including personal information — other than your own.
You agree not to take an action that places an unreasonable or disproportionate load on the infrastructure of the website, on Luty Capital’s systems or networks, or on a system or network connected to them.
You agree not to use a device, software, or routine to interfere, or attempt to interfere, with the proper working of the website, with a transaction conducted on the website, or with another person’s use of the website.
You may not forge a header or otherwise manipulate an identifier to disguise the origin of a message or transmission you send through the website. You may not pretend to be, or to represent, someone else, or impersonate another individual or entity.
You may not use the website or its content for a purpose that is unlawful or prohibited by these Terms of Use, or to solicit an illegal activity or an activity that infringes the rights of Luty Capital or of another person.
Website Monitoring and Communication Technology
Luty Capital and its service providers use technology on this website to operate a feature such as live chat, analytics, and interest-based advertising. Our Privacy Policy describes this technology, identifies the categories of provider involved, and explains the choice available to you, including how to decline non-essential technology before it runs. By using a feature on this website that depends on this technology — for example, starting a chat session — you consent to the processing described in the Privacy Policy for that feature.
Website Content
Every image, interface, text, trademark, logo, artwork, and computer code on the website (the “Content”), including the design, structure, selection, coordination, expression, look and feel, and arrangement of that Content, is owned, controlled, or licensed by Luty Capital and is protected by copyright, trademark, and unfair competition law.
Except as expressly stated in these Terms of Use, no part of the website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in a way, including mirroring, to another computer, server, website, or medium, for publication, distribution, or a commercial purpose, without the prior written consent of Luty Capital.
You may use information about Luty Capital’s activities (such as a data sheet, article, or similar material) that Luty Capital makes available for download from the website, provided that you: (a) do not remove a proprietary notice from a copy of the material; (b) use the material only for your personal, non-commercial, informational purpose, and do not copy or post it on a networked computer or broadcast it in a medium; (c) make no modification to the material; and (d) make no additional representation or warranty about the material.
Visitor Accounts
A feature or service offered on the website may require you to open an account. You are responsible for keeping your account information, including your password, confidential, and for activity that occurs under your account because you failed to keep that information secure. Notify Luty Capital immediately of an unauthorized use of your account or password, or of another security breach. You may be liable for a loss that Luty Capital or another visitor incurs because someone else used your account or password as a result of your failure to keep that information secure.
You may not use another person’s account or password without that person’s permission. Luty Capital is not liable for loss or damage arising from your failure to comply with this section.
Purchases on the Website
An additional term may apply to a purchase of goods or services, or to a specific feature of the website, such as a contest or promotion. That additional term is part of these Terms of Use by reference, and you agree to comply with it, including, where applicable, a representation that you are of sufficient legal age to use or participate in that feature. If a conflict exists between these Terms of Use and a term posted for a specific part of the website or a specific service, the term posted for that part or service controls.
If a purchase includes automatic renewal or a continuous subscription, the offer terms presented to you at the point of purchase will include the disclosure required by California law, including the length of the renewal term, the cost of each renewal, and an online mechanism to cancel that is at least as easy to use as the sign-up process.
Luty Capital’s obligation, if any, regarding its products and services is governed by the agreement under which they are provided, and nothing on this website changes that agreement. Luty Capital may change a product, service, or price on the website at any time, without notice, and the website’s description of a product or service may not reflect the most current information.
Links on the Website
This website may link to an independent third-party website (a “Linked Website”) as a convenience to visitors. Luty Capital does not control a Linked Website and does not endorse or take responsibility for its content. Evaluate your interaction with a Linked Website on your own.
Privacy
The Luty Capital Privacy Policy, available at /privacy, applies to your use of this website and is part of these Terms of Use by reference. It describes the categories of personal information we collect, how we use and disclose it, the technology we use to collect it, and the rights available to a California resident and other visitor, including the right to opt out of the sale or sharing of personal information. An internet transmission is not completely private or secure; a message or information you send through the website may be read or intercepted by someone other than its recipient, even where a notice states that a transmission is encrypted.
Limitation of Liability
Except where prohibited by law, Luty Capital is not liable to you for an indirect, consequential, exemplary, incidental, or punitive damage, including lost profit, even if Luty Capital has been advised of the possibility of that damage.
If Luty Capital is found liable to you for a damage or loss connected with your use of the website or its content, Luty Capital’s liability will not exceed the greater of: (1) the total subscription or similar fee you paid for a service or feature of the website in the six months before your claim; or (2) US$100.00. Some jurisdictions do not allow this type of limitation, so it may not apply to you.
Violation of These Terms of Use
Luty Capital may disclose information it has about you, including your identity, if it determines that disclosure is necessary in connection with an investigation or complaint about your use of the website, or to identify, contact, or bring a legal action against someone who may be causing injury to, or interference with, the rights or property of Luty Capital or of a visitor to the website. Luty Capital reserves the right to disclose information it considers necessary to comply with applicable law, regulation, legal process, or governmental request, including to exchange information with another company or organization for fraud protection.
You agree that Luty Capital may preserve a communication you send through the website, and may disclose it where required by law, or where Luty Capital determines that preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to a claim that the communication violates the rights of another person, or protect the rights, property, or safety of Luty Capital, its employees, a visitor to the website, or the public.
Luty Capital may, at its discretion and without prior notice, end your access to the website, or block your future access, if it determines that you violated these Terms of Use or a related agreement or guideline. A violation of these Terms of Use is an unlawful and unfair business practice and causes irreparable harm to Luty Capital, for which monetary damages are an inadequate remedy; you consent to Luty Capital obtaining an injunctive or equitable relief it considers necessary or appropriate in that circumstance. This remedy adds to another remedy available to Luty Capital at law or in equity.
Luty Capital may, at its discretion and without prior notice, end your access to the website for cause, including: (a) a request by law enforcement or another government agency; (b) your request to delete your account; (c) discontinuation or material change of the website or of a service offered through it; or (d) a technical issue that requires it.
If Luty Capital takes legal action against you for a violation of these Terms of Use, Luty Capital is entitled to recover a reasonable attorneys’ fee and the cost of that action, in addition to another relief granted to it. Luty Capital is not liable to you or to a third party for ending your access to the website as a result of a violation of these Terms of Use.
Indemnity
You agree to indemnify and hold harmless Luty Capital and its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates from a demand, loss, liability, claim, or expense, including an attorneys’ fee, that a third party brings against Luty Capital because of, arising from, or connected with your use of the website.
Dispute Resolution
These Terms of Use, and a dispute relating to your access to or use of the website, are governed by the law of the State of California and, to the extent applicable, of the United States, without regard to conflict-of-laws principles. You consent to personal jurisdiction in, and agree that venue is proper in, the state and federal courts located in USA, California, and you waive an objection to that jurisdiction or venue. This venue provision does not apply if you are a consumer based in the European Union; a consumer based in the European Union may bring a claim in the courts of the country where they reside.
A claim under these Terms of Use must be brought within one year after the cause of action arises, or the claim is barred, except to the extent a shorter period is prohibited by a non-waivable provision of applicable law, including the California Consumers Legal Remedies Act. A claim under a separate purchase term for goods or services is not subject to this limitation.
If a dispute arises between you and Luty Capital in connection with your use of the website, the parties will attempt, promptly and in good faith, to resolve it. If the parties cannot resolve the dispute within a reasonable time, not to exceed thirty days, either party may submit the dispute to mediation. If mediation does not resolve the dispute, each party may pursue a right or remedy available under applicable law.
Availability
Luty Capital operates the www.lutycapital.com website from the United States; another Luty Capital website may be operated from another location. Although the website is reachable worldwide, not every feature, product, or service referenced on the website is available to every person or in every location or is offered outside the United States. Luty Capital reserves the right to limit, at its discretion, the availability of a feature, product, or service to a person or geographic area. An offer made on the website is void where prohibited. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local law.
Miscellaneous
You may not use, export, or re-export a Content, a copy or adaptation of a Content, or a product or service offered on the website, in violation of applicable law or regulation, including United States export law.
If a court or other tribunal of competent jurisdiction holds a provision of these Terms of Use void or unenforceable, that provision will be limited or removed to the minimum extent necessary, and replaced with a valid provision that best reflects the intent of these Terms of Use, so that the remainder of these Terms of Use stays in full force and effect. These Terms of Use are the entire agreement between you and Luty Capital regarding your use of the website and supersede a prior written or oral agreement or understanding between you and Luty Capital about that use, other than a purchase agreement you enter with Luty Capital. Luty Capital rejects a counteroffer to these Terms of Use. Luty Capital’s failure to enforce a provision of these Terms of Use is not a waiver of that provision or of its right to enforce it, and no course of conduct between Luty Capital and you, or another party, modifies a provision of these Terms of Use. These Terms of Use do not confer a right or remedy on a third party.
Luty Capital provides access to information from its operations worldwide, and the website may reference a Luty Capital product, program, or service that has not been announced in your country. That reference does not mean that Luty Capital intends to announce that product, program, or service in your country.
Contact
Questions about these Terms of Use: law@lutycapital.com