| TERMS OF USE
Welcome to the
CogentHedge.com Web site (the "Site") owned by Cogent Investment
Research LLC and operated with the assistance of Cogent Alternative
Strategies, Inc. (collectively, "CogentHedge"), a broker-dealer
registered with the Securities and Exchange Commission and a member
of the National Association of Securities Dealers, Inc. These Terms
of Use contain the terms, conditions, and provisions upon which you
may access the information available through the Site.
PLEASE READ THESE TERMS
OF USE CAREFULLY BEFORE USING THE SITE. DO NOT USE THE SITE IF YOU
DO NOT AGREE TO BE BOUND BY THEM.
THE INFORMATION AND
SERVICES PROVIDED ON THE SITE ARE NOT INTENDED FOR DISTRIBUTION TO,
OR USE BY, AND ARE IN PARTICULAR NOT DIRECTED TO, ANY PERSON OR
ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE
WOULD BE CONTRARY TO LAW OR REGULATION, WOULD OBLIGATE COGENTHEDGE
TO COMPLY WITH ADDITIONAL RULES OR WHICH WOULD SUBJECT COGENTHEDGE
OR ANY OF ITS AFFILIATES TO ANY ADDITIONAL REGISTRATION REQUIREMENT
WITHIN SUCH JURISDICTION OR COUNTRY. THE SERVICES ARE NOT
SPECIFICALLY DIRECTED TO A RESIDENT OF ANY STATE IN WHICH USE OF
SUCH SERVICES WOULD CONSTITUTE AN UNLAWFUL OR UNREGISTERED OFFER OR
SALE OF SECURITIES OR BROKERAGE SERVICES IN SUCH STATE OR OTHERWISE
REQUIRE REGISTRATION OF COGENT ALTERNATIVE STRATEGIES, INC. IN A
STATE IN WHICH IT IS NOT CURRENTLY REGISTERED. COGENT ALTERNATIVE
STRATEGIES, INC. MAY ONLY ACT AS A BROKER, DEALER, AGENT OR SALESMAN
IN A STATE IF IT IS FIRST LICENSED OR REGISTERED BY SUCH STATE OR
PROPERLY EXCEPTED OR EXEMPTED FROM SUCH LICENSURE OR REGISTRATION.
If you meet the
requirements for registering with CogentHedge, including being
qualified as an "accredited investor" (as that term is defined under
Regulation D promulgated under the Securities Act of 1933), you may
become a "Registered User" of the Site. Registered Users must agree
to a Registered User's Agreement before accessing and using the
additional information and services on the Site which are available
to Registered Users.
1. TERMS AND CONDITIONS
By accessing, viewing or
using the materials or services available on or through the Site you
indicate that you understand and intend these Terms of Use to be the
legal equivalent of a signed, written contract and equally binding,
and that you accept these Terms of Use and agree to be legally bound
by them.
The Site is offered to
you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the
Site constitutes your agreement to and understanding of all such
terms, conditions, and notices. CogentHedge reserves the right to
change the terms, conditions, and notices under which the Site and
the information and services offered through the Site are offered
without further notice to you. Your continued use of the Site will
signify your agreement with and understanding of any additional or
modified terms, conditions or notices applicable to the Site.
While CogentHedge uses
reasonable efforts to update the information on the Site,
CogentHedge makes no representations or warranties as to the
accuracy, reliability, timeliness or completeness of any information
at the Site. Any content at the Site is subject to change without
notice.
2. GRANT OF REGISTERED
USER LICENSE
The Site and the
materials and information available on or through it are provided by
CogentHedge as a service to you. You are hereby granted a limited,
non-exclusive, revocable and nontransferable license to use the Site
conditioned on your continued compliance with these Terms of Use.
Users may print and
download materials and reports from the Site provided that all hard
copies contain all copyright and other applicable notices contained
in the originals of such materials and reports. The use of any such
material on any other Web site or networked computer environment is
prohibited.
Except as otherwise
expressly permitted herein or under an agreement between you and
CogentHedge, you may not modify, copy, distribute, broadcast,
transmit, display, reproduce, publish, license, create derivative
works from, transfer, sell, or otherwise use any information,
products, services or material obtained from or through the Site. As
a further condition of use of the Site, you warrant to CogentHedge
that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms of Use and you will comply with any
applicable local, state, national, or international laws or
regulations when using the Site.
Nothing at the Site shall
be construed as granting, by implication, estoppel or otherwise, any
license or right to use any image, trademark, logo or service mark
at the Site. No act of downloading or otherwise copying from the
Site will transfer title to any software or material at the Site to
you. You may not decompile, reverse engineer, disassemble, or
otherwise reduce any computer files obtained from the Site to a
human-perceivable form. Anything that you transmit to the Site
becomes the property of CogentHedge, may be used by CogentHedge for
any lawful purpose (subject to any further agreement between you and
CogentHedge), and is further subject to disclosure as deemed
appropriate by CogentHedge, including to any legal or regulatory
authority to which CogentHedge is subject. CogentHedge reserves all
rights with respect to copyright and trademark ownership of all
material at the Site, and will enforce such rights to the full
extent of the law.
3. NATURE OF SITE
The Site is provided
solely for the purpose of providing information and news about
securities markets, hedge funds, hedge fund managers and other
alternative investments. Only Registered Users who are accredited
investors will be able to access the password-protected portions of
the Site.
While the information
contained on the Site has been obtained from sources believed
reliable, neither CogentHedge nor any information provider guarantee
that the information on the Site is accurate, timely, valid or
complete or make any warranties with regard to the results that have
or may be obtained from its use.
IF YOU ARE IN ANY DOUBT
AS TO WHETHER THIS WEB SITE CAN BE LAWFULLY USED BY YOU DO NOT USE
THE SITE.
4. NO INVESTMENT ADVICE
OR INVESTMENT RECOMMENDATIONS
The information on the
Site is intended for informational, educational and research
purposes only. CogentHedge does not provide recommendations,
investment advice or any other advice to you or any other party
through the Site, and no information or material at the Site is to
be relied upon for the purpose of making or communicating investment
or other decisions. Accordingly, CogentHedge does not offer advice
regarding the quality or suitability of any investment or of any
investment manager and assumes no responsibility or liability for
any investment decisions or advice, treatment, or services rendered
by any person or entity mentioned, featured or linked to on the
Site.
Neither the information
nor any opinion contained on the Site constitutes investment advice
or an offer or a solicitation by CogentHedge for the purchase or
sale of any securities, futures, options or other financial
instruments. This material and any views expressed herein are
provided for informational purposes only and should not be construed
in any way as an endorsement or inducement to invest with any hedge
fund or other alternative investment program or any investment
manager or advisor mentioned. Before making any investment decision,
seeking any investment manager's or advisor's services or investing
in any hedge fund or other alternative investment program, you are
advised to consult with your broker or other financial advisor to
verify pricing and other information and/or do such other due
diligence as may be appropriate under the circumstances, including
reading and examining thoroughly the relevant disclosure documents
and/or offering memorandum. CogentHedge shall have no liability for
investment decisions based upon, or the results obtained, from the
content provided herein.
5. INTELLECTUAL PROPERTY
RIGHTS
All material contained on
or available through the Site, unless otherwise indicated, is
protected by law including, but not limited to, copyright, trade
secret, and trademark law, as well as other state, national, and
international laws and regulations.
Except as expressly
provided herein, CogentHedge does not grant any express or implied
right to users of the Site under any patent(s), copyright(s),
trademark(s), or trade secret information. Accordingly, unauthorized
use of any material contained on the Site by you will violate
copyright laws, trademark laws, trade secret laws, the laws of
privacy and publicity, and other regulations and statutes.
The contents of the Site
are Copyright © 2007, Cogent Investment Research LLC. All rights
reserved. CogentHedge also owns a copyright in the Site as a
collective work and/or compilation, and in the selection,
coordination, arrangement, and enhancement of the Site's content.
CogentHedge and all other
names, logos, and icons identifying CogentHedge's products and
services are proprietary marks of CogentHedge, and any use of such
marks without the express written permission of CogentHedge is
strictly prohibited. Other product and company names mentioned
herein may be the trademarks of their respective owners.
6. PRIVACY POLICY
CogentHedge considers
your personal data to be private. You acknowledge that you have read
CogentHedge's general Privacy Policy posted on the Site. All
information collected in the course of your using the Site
(including your qualification as a Registered User of the Site) or
otherwise, including any individual logging or click-stream data
gathered in course of navigating the Site, is strictly for internal
purposes and will be kept confidential at all times. We may capture
and record information on our server logs from your browser when you
interact and use the Site including your IP address, cookie
information and the page(s) you request regarding your IP address
generally for use in administering the Site, customizing the content
you see, fulfilling your requests for certain services and
information, and contacting you. Cookies are alphanumeric
identifiers that we may transfer to your computer hard drive through
your Web browser to enable our systems to recognize that browser.
Your IP address may be used to help identify you and your patterns
and processes and to gather broad demographic and current interest
information that we may then use for generic reports posted on the
Site.
The registration process
requires Registered Users to give CogentHedge contact information,
unique identifiers, financial information and demographic
information. This information is used to qualify you as a Registered
User and may also be used, with a Registered User's prior
permission, to send Registered Users relevant and timely
information. CogentHedge will only contact you on matters regarding
the Site and to respond to enquiries or any requests initiated by
you. You may at any time opt out of receiving communications except
for those essential to your use of the Site and to the management of
your account, if any, with Cogent Alternative Strategies, Inc. and
for regulatory requirements, including annual requalification
requirements.
You additionally have the
option to remove all personal information from the Site's database
and not to receive future communications or to forgo the Site's
information and services altogether by either sending an email to
info@CogentHedge.com.
7. SITE SECURITY
The Site contains links
to other Web sites (See "Links to Other Sites" below). CogentHedge
is not responsible for the privacy practices or the content of such
Web sites. The Site has strict security measures in place to protect
against the loss, theft, misuse and/or alteration of the information
contained on the Site. Employees are kept aware of the security
policies in place in respect of the Site.
8. REGISTERED USER ID AND
PASSWORD POLICY
Use of certain portions
of the Site requires both Registered User ID information and a
Password. During the Registered User registration process for the
Site, users choose a unique Registered User ID and a Password to
become a Registered User and to gain access to the restricted areas
of the Site. One Registered User can only use each Registered User
ID and corresponding Password. Anyone with knowledge of both a
Registered User ID and Password can gain access to the restricted
portions of the Site and the information available to each
Registered User. Accordingly, the Registered User must make every
effort to keep secret its Password.
If you experience any
problems reaching CogentHedge or the Site through any particular
method, you may contact us at info@CogentHedge.com.
9. INTELLIGENT TOOLS
CogentHedge may provide
market information, news, fund performance, manager information,
statistical analyses and other information, as well as certain
research, optimization alogrithms and educational tools and material
(collectively, "Intelligent Tools") to users of the Site to evaluate
and/or assess certain securities or investment opportunities.
Generally, most Intelligent Tools are available only to Registered
Users. Intelligent Tools will be developed directly by CogentHedge
or will be developed by third-party providers and offered through
the Site. You acknowledge that all Intelligent Tools are provided on
an "as is" basis, and that no representations, warranties or
guarantees are made by CogentHedge or any third-party provider as to
the accuracy, completeness, timeliness or usefulness of any of the
Intelligent Tools, including but not limited to implied warranties
of merchantability and fitness for a particular purpose and
non-infringement. You agree to exercise your own judgment in
evaluating all Intelligent Tools and not to hold CogentHedge or any
third-party provider liable for any investment decision you may make
based on your use of any Intelligent Tools. In addition, you agree
that Intelligent Tools are for Registered Users only, and that you
will not retransmit or republish any Intelligent Tools. You further
agree that CogentHedge provides access to Intelligent Tools as a
convenience to you. You acknowledge and agree that CogentHedge is
not authorized to discuss or elaborate on any Intelligent Tools and
that access to the Intelligent Tools will be limited to the matter
presented through the Site.
10. CONFIDENTIALITY ON
INTERNET
Use of the Internet is
solely at your own risk and is subject to all applicable local,
state, national, and international laws and regulations. While
CogentHedge has endeavored to create a secure and reliable Site,
please be advised that the confidentiality of any communication or
material transmitted to/from the Site over the Internet cannot be
guaranteed.
Accordingly, CogentHedge
and its affiliates are not responsible for the security of any
information transmitted via the Internet or for the consequences of
any reliance on such information. You assume the sole and complete
risk for using the Site and must make your own determination as to
these matters.
11. SECURITY OF SITE
Actual or attempted
unauthorized use of the Site may result in criminal and/or civil
prosecution. For your protection, CogentHedge reserves the right to
view, monitor, and record activity on the Site without notice or
permission from you.
Any information obtained
by monitoring, reviewing, or recording is subject to review by
appropriate governmental, regulatory and law enforcement
organizations in connection with applicable law, including the
investigation or prosecution of possible criminal activity on the
Site. CogentHedge will also comply with all lawful court orders and
governmental, regulatory and law enforcement requests involving such
information.
12. POSTINGS
To the extent the Site
contains news, opinions, bulletin boards, message boards, review
areas, chat rooms, question/answer areas, or other forums
(collectively, "forums"), the following is applicable, and you agree
that by using the Site you will not post or transmit (including by
email) any of the following materials on the Site's forums: a.
Statements or material that defame, harass, abuse, stalk, threaten,
or in any way infringe on the rights of others; unauthorized
copyrighted material or any other material that infringe on the
intellectual property rights, trade secrets, or privacy of another;
statements or material that are bigoted, hateful, or racially
offensive; statements or material that encourage criminal conduct or
that would give rise to civil liability or otherwise violate any law
or regulation in any jurisdiction; statements or material that
constitute insider trading or violate any other securities laws;
statements that constitute anti-competitive collaboration and/or
antitrust violations; statements or material that contain vulgar,
obscene, profane, or otherwise objectionable language or images that
typically would not be considered socially or professionally
responsible or appropriate in person; statements or material that
contain vulgar, obscene, profane, or otherwise objectionable
language or images that typically would not be considered socially
or professionally responsible or appropriate in person; statements
or material that solicit or encourage users to become affiliated or
do business with competitors of CogentHedge; and files that contain
malicious code, viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer.
b. Advertising and
commercial solicitation may be posted on or transmitted through the
Site only with CogentHedge's express prior written approval and only
if the advertising or commercial solicitation complies with
applicable law and all conditions imposed by CogentHedge. Please
contact info@CogentHedge.com for more information on advertising.
c. CogentHedge is not
responsible for screening, policing, editing, or monitoring user or
other third-party content posted to Site forums. Nevertheless,
CogentHedge reserves the right, in its sole discretion, to delete or
take other action with respect to postings that CogentHedge believes
in good faith violate these Terms of Use and/or are potentially
unlawful and/or do not fit into the context of the Site including
editing postings in the question/answer areas of the Site for length
and clarity.
d. Persons who violate
these Terms of Use may, in CogentHedge's discretion, receive a
warning from CogentHedge or be barred from the Site without warning.
If you become aware of a posting that may violate these rules, you
may contact CogentHedge at info@CogentHedge.com.
e. You must use your best
judgment and reasonable caution in evaluating all Registered User or
third-party postings or other content (including information and
opinions posted by others to Forums) on the Site. CogentHedge does
not endorse any opinion expressed by a Registered User or third
party. CogentHedge does not make any representation with respect to,
nor does it endorse the accuracy, completeness, timeliness, or
reliability of, any advice, opinion, statement, or other material
displayed, uploaded, or distributed by any user of, or third-party
contributing materials to, the Site. CogentHedge expressly disclaims
all responsibility and liability for such materials.
f. By submitting content
to a forum or other portion of the Site, you automatically grant
CogentHedge a royalty-free, perpetual, irrevocable, worldwide,
nonexclusive right and license to use, reproduce, modify, adapt,
publish, edit (for length, clarity or as otherwise pursuant to these
Terms of Use or the Registered User's Agreement), translate, create
derivative works from, distribute, redistribute, transmit, perform,
and display such content (in whole or part) and/or to incorporate it
in other works in any form, media, or technology now know or later
developed for the full term of any rights that may exist in such
content. Notwithstanding this right and license, it is understood
that by merely permitting a Registered User's posting to appear on a
Site Forum as intended by the Registered User and unedited by
CogentHedge (except as set forth above), CogentHedge has not become
and is not a publisher of such posting.
13. ADVERTISERS ON THE
SITE
CogentHedge, in its sole
discretion, may post the advertisements of third parties on the
Site. CogentHedge's posting of such advertisements is not intended
as and does not in any manner constitute a recommendation,
endorsement, or approval of the advertiser or its services or
products by CogentHedge. Your acceptance of such advertised services
or products is at your own risk based upon such due diligence as you
have determined is appropriate. Your correspondence and any other
dealings with advertisers found on the Site are solely between you
and such advertiser. You agree that CogentHedge shall not be
responsible for any loss or damage of any sort incurred as a result
of any such dealings or as the result of the presence of such
advertisers on the Site. Moreover, you acknowledge that CogentHedge
shall not be responsible or liable for the statements, product,
services or conduct of any such third party on the Site.
14. LINKS TO OTHER SITES
CogentHedge may provide
links, in its sole discretion, to other sites on the World Wide Web
for your convenience in locating related information and services or
otherwise. CogentHedge has not reviewed the content of any site
owned by a third party that may be linked to the Site and exercises
no control over such sites.
Accordingly, CogentHedge
expressly disclaims any responsibility and shall not be liable for
the content (or any errors, misrepresentations, or omissions
therein), the accuracy and timeliness of the information, the
download, transmission or delivery of any such information and/or
quality of products or services provided by or advertised on these
third-party Web sites. Moreover, these links do not imply an
endorsement with respect to any third party or any Web site or the
products or services provided by any third party. See "Disclaimers."
15. EVENTS BEYOND
COGENTHEDGE'S CONTROL
You expressly absolve and
release CogentHedge and its affiliates and each of their respective
officers, directors, members, partners, shareholders, employees,
agents, advisors and representatives (collectively, "CogentHedge and
Its Affiliates") from any claim of harm resulting from a cause
beyond CogentHedge's control, including, but not limited to, failure
or electronic or mechanical equipment or communication lines,
telephone or other interconnect problems, computer viruses,
unauthorized access, theft, operator errors, severe weather,
earthquakes, or natural disasters, strikes or other labor problems,
wars, terrorist attacks, or governmental restrictions.
16. DISCLAIMERS
THE MATERIALS AT THE SITE
ARE PROVIDED "AS IS." SUCH MATERIALS HAVE BEEN GATHERED AND DERIVED
FROM SOURCES BELIEVED TO BE RELIABLE, HOWEVER COGENTHEDGE HAS NOT
INDEPENDENTLY VERIFIED THE INFORMATION AND MAKES NO REPRESENTATION
OR WARRANTY, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER, TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING
REGARDING THE ACCURACY, TIMELINESS, VALIDITY OR COMPLETENESS OF THE
INFORMATION, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OR THAT THE SERVICE
WILL REMAIN UNINTERRUPTED.
COGENTHEDGE FURTHER
ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT,
FUNCTIONS OR SERVICES 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. COGENTHEDGE AND ITS AFFILIATES SHALL NOT BE
LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES,
REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR
OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USE OF THE SITE.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
THE INFORMATION ON THE
SITE IS INTENDED FOR INFORMATIONAL, EDUCATIONAL AND RESEARCH
PURPOSES ONLY. ACCORDINGLY, COGENTHEDGE AND ITS AFFILIATES, DO NOT
RECOMMEND, SOLICIT OR OFFER ANY INVESTMENT THROUGH THE SITE AND
SHALL NOT BE LIABLE FOR ANY INVESTMENT DECISIONS, ADVICE, LOSS OF
PROFITS, COSTS OR ANY OTHER INDIRECT DAMAGES RELATING TO THE
SUITABILITY, ADEQUACY, VALIDITY, ACCURACY, TIMELINESS, DELAY OR
COMPLETENESS OF ANY INFORMATION ON THE SITE. COGENTHEDGE ALSO DOES
NOT OFFER ADVICE REGARDING THE QUALITY OR SUITABILITY OF ANY
INVESTMENT ADVISER OR MANAGER AND ASSUMES NO RESPONSIBILITY OR
LIABILITY FOR ANY INVESTMENT DECISIONS OR ADVICE, TREATMENT, OR
SERVICES RENDERED BY ANY INSTITUTIONAL INVESTOR, EXPERT PANELIST,
BROKER DEALER, INVESTMENT ADVISER, INVESTMENT MANAGER, INVESTMENT
PROFESSIONAL, ADVERTISER OR ANY OTHER PERSON FEATURED, MENTIONED OR
ADVERTISED ON THE SITE.
WITH RESPECT TO THE
PERFORMANCE DATA PRESENTED ON THE SITE, YOU SHOULD NOTE THAT PAST
PERFORMANCE IS NOT NECESSARILY AN INDICATION, AND IS NOT A
GUARANTEE, OF FUTURE PERFORMANCE.
UNAUTHORISED USE OF ANY
MATERIAL CONTAINED ON THE SITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK
LAWS, TRADEMARK LAWS, TRADE SECRET LAWS, THE LAWS OF PRIVACY AND
PUBLICITY, AND OTHER REGULATIONS AND STATUTES. FOR ANY AUTHORISATION
REQUESTS, PLEASE CONTACT US AT INFO@COGENTHEDGE.COM.
17. LIMITATION OF
LIABILITY AND INDEMNITY
Under no circumstances,
including, but not limited to, negligence, shall CogentHedge and Its
Affiliates be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials in
the Site, even if CogentHedge and/or Its Affiliates have been
advised of the possibility of such damages. In no event will
CogentHedge and Its Affiliates have any liability to you for
damages, losses and causes of action (whether in contract, tort,
including, but not limited to, negligence, or otherwise) for
accessing the Site.
You agree that your
breach of these Terms of Use may result in irreparable harm to
CogentHedge which cannot be compensated by money damages, and that
CogentHedge shall be entitled to obtain injunctive relief for any
such breach.
You agree to defend,
indemnify, and hold harmless CogentHedge and Its Affiliates and
their respective attorneys, licensors, predecessors, successors, and
assigns, from and against any and all claims, proceedings, damages,
injuries, liabilities, losses, costs and expenses (including
reasonable attorneys' fees and litigation expenses), relating to or
arising from your use of the Site, any arrangements you make based
on the information available or through the Site, and any breach by
you of these Terms of Use or other improper act or omission.
18. GOVERNING LAW
These Terms of Use has
been made in and will be construed and enforced in accordance with
the laws of the State of Delaware. Any action to enforce these Terms
of Use may be brought in the courts of Connecticut, and all parties
to these Terms of Use expressly agree to be subject to the
jurisdiction of such courts.
The Site is controlled
and operated by Cogent Alternative Strategies, Inc. and Cogent
Investment Research LLC from their respective offices in the United
States. CogentHedge makes no representation that materials in the
Site are appropriate or available for use in other locations, and
access to them from territories where any of the contents of the
Site are illegal is prohibited. Those who choose to access the Site
from other locations do so on their own accord and are responsible
for compliance with applicable local laws.
19. TERMS AND TERMINATION
These Terms of Use take
effect at the time you begin using the Site, thereby indicating
acceptance of these Terms of Use, and, at each use thereafter, you
shall be deemed to have reaffirmed your acceptance of these Terms of
Use. CogentHedge reserves the right at any time in its sole
discretion to deny you or any Registered User access to the Site or
any portion thereof and to terminate these Terms of Use. Termination
will be effective without notice.
20. WAIVER
Failure to insist on
strict performance of these Terms of Use will not operate as a
waiver of any subsequent default or failure of performance. No
waiver by CogentHedge of any right under these Terms of Use will be
deemed to be either a waiver of any other right or provision or a
waiver of that same right or provision at any other time.
21. ADMISSIBILITY
A printed version of
these Terms of Use and of any related notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon 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.
22. SEVERABILITY
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 the liability limitations set forth above, such
invalidity or unenforceability shall not affect the enforceability
or validity of any other portion of these Terms of Use, which shall
remain in full force and effect and be construed as if the invalid
or unenforceable portion were not part of these Terms of Use, and,
if possible, the then invalid or unenforceable provision will be
deemed superseded and replaced by a valid, enforceable provision
that most clearly matches the intent of the original provision.
23. RESERVATION OF RIGHTS
Any rights not expressly
granted herein are reserved.
24. COMMENTS AND CONTACT
INFORMATION
CogentHedge also welcomes
your feedback and suggestions about how to improve the Site. If you
have questions regarding the Site or if you are interested in
obtaining more information concerning CogentHedge and its services,
please contact CogentHedge at info@CogentHedge.com.
25. ENTIRE AGREEMENT
The Terms of Use and
Privacy Policy and other terms and conditions and similar provisions
that may be applicable to you regarding specific services or
features of the Site (all of which are hereby incorporated as if set
forth fully herein), represent the entire agreement between you and
CogentHedge with respect to use of and material available on or
through the Site, and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written
between you and CogentHedge with respect to the Site. If you become
a Registered User, in addition to the above, you will also be
subject to the terms and conditions of the Registered User's
Agreement. |
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