This website (this “Site”) is made available to you conditioned on your acceptance without modification of the following terms and conditions. Please read these terms and conditions carefully — By accessing this Site and any pages hereof, you are indicating that you have read, acknowledge and agree to be bound by them. Saber Partners, LLC and its affiliates (collectively, “Saber”) reserve the right to change these terms and conditions, and you are responsible for regularly reviewing them for potential changes. Your continued use of this Site constitutes your agreement to all such changed terms and conditions.
Your Use of the Site
All unauthorized use of this Site is strictly prohibited. Unauthorized uses include, but are not limited to: any unauthorized attempt or entry into Saber’s Site or any computer systems or networks connected to or providing the Site through hacking, “password mining” or any other means; any misuse of any information presented on the Site; any use of the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of it; and any access or use of the Site in any way that contravenes any applicable laws, rules or regulations.
Disclaimer of Warranties
The Site and all content and information available through or provided on this Site are provided on an “AS IS,” “WHERE IS” and “WHERE AVAILABLE” basis. Saber expressly disclaims any and all warranties, whether express or implied, with respect to such information and content, including, without limitation, any implied warranties or merchantability and fitness for any particular purpose, warranties of title and non-infringement. Saber does not warrant that the content of this Site will be accurate, reliable or error-free, that defects will be corrected, or that this Site or the server(s) that make(s) it available, are or will be free of viruses or other harmful components, or that the Site and/or any such server(s) will be available at any particular time or times. Saber does not warrant or make any representations regarding the correctness, accuracy, timeliness or reliability of the use or the results of any use of the information or content on the Site, or in any linked sites. You acknowledge and agree, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site, and that neither Saber, nor its principals, officers or employees, nor any third-party vendor of Saber will be liable for any damages of any kind related to your use of the Site.
Limitations on Saber’s Liability
Consistent with the foregoing disclaimer of warranties, neither Saber, nor its principals, officers or employees, nor any third-party vendor will have any liability or responsibility whatsoever for to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise, even if Saber or any other such party has been advised of the possibility thereof), injury, claim, liability or other cause of any kind or character arising out of or resulting from:
any loss or damage that results from your use of the Site, or from the interception by third parties of any information or services made available to you via the Site; or
any loss or damage that you incur in the event of any failure or interruption of the Site, or resulting from the act or omission of any other party involved in making the Site, the data contained therein or the products or services offered thereon available to you, or from any other cause relating to your access to, inability to access, or use of the Site, whether or not the circumstances giving rise to such cause may have been within the control of Saber or of any vendor providing software or services.
Your sole and exclusive remedy for any dissatisfaction with the Site is to discontinue using the Site.
This Site includes materials in many formats, including images, illustrations, audio and video clips and text. All right, title and interest in this website and any content contained herein is the exclusive property of Saber or other third parties. Unless otherwise specified, you are prohibited from using the matierals on the Site for any purpose other than your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any information, software, products or services obtained from the Site, except for the purposes expressly provided herein, without Saber’s prior written consent. If you download any information or software from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
Saber, the Saber logo and other Saber services referred to on the Site are service marks of Saber Partners, LLC. The names of actual companies and third-party products mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Saber or such third party which may own the marks.
Use of Links
None of the information contained on the Site constitutes a solicitation or offer by Saber or its affiliates to buy or sell, or a solicitation of any offer to purchase or sell, any securities, futures, options or other financial instruments or provide any investment advice or service. The information and services provided on the Site are not provided to and may not be used by any person or 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 clearing organization or where Saber is not authorized to provide such information or services.
As a condition of use of this Site, you agree to indemnify Saber and its vendors/suppliers from and against any and all liabilities, expenses (including attorneys« fees) and damages arising out of claims resulting from your use of this Site, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
Choice of Law
This agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate state or federal court located in the County of New York, State of New York and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this agreement, and the remainder of this agreement shall continue in full force and effect. This agreement constitutes the entire agreement between Saber and you with respect to your use of the Site, and it supersedes all prior or contemporaneous communications, agreements and understandings between Saber and you with respect to the subject matter hereof. A printed version of this agreement shall be admissible in judicial or administrative proceedings.