Website Terms and Conditions of Use

Agreement to Terms and Conditions of Use

Please read this Terms and Conditions of Use Agreement (the “Terms of Use” or the “Agreement”) carefully. The Terms of Use apply to (a) your subscription to Statar Capital, LLC (the “Company”) publications (both free and paid, and referred to hereafter as the “Publication”), and (b) when you view, access or otherwise use the Company’s web site located at www.statarcapital.com (the “Site”). For purposes of this Agreement, the Publication is deemed part of the Site.

By accessing, browsing and/or otherwise using the Site, you (the “User”) acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. If you do not agree to all of the terms and conditions of this Agreement, then you must not access, browse, and/or use the Site. The Site is protected by law, including, but not limited to, United States copyright law.

Terms of Use Subject to Change

The Site is owned by the Company. The Company reserves the right to modify this Agreement at any time and at its sole discretion, with or without advance notice. Each time you use, access or browse the Site, you are responsible for being familiar with the Terms of Use. By using the Site after the Company has published changes to these Terms of Use, the User acknowledges such changes and agrees to be bound by the Agreement as amended.

No Investment Advice 

The Site is intended for informational purposes only. No content published on the Site is a recommendation to buy or sell any security or instrument or a suggestion that any trading strategy is suitable for any specific person. The advice published by the Company is not personal to you and does not take account of your personal circumstances. Users are urged to seek independent verification of any information found on this Site and consult with their financial, legal, and tax advisors before making an investment decision. Users and visitors to the Site agree to hold the Company harmless for any loss they may occur due to an investment or other transaction they may enter into due (partly or entirely) to information found on the Site.

Copyright Notice

All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of the Company, or by the original creator of the material.  Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of the Company. You may not “mirror” any material contained on this Site on any other server without prior written permission from the Company. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes

License and Use Restrictions

By accessing the Site, the Company grants you a limited, non-exclusive, non-transferable license to access the Site and to create a “hypertext” link to the Site; provided that such link is to the entry page of this Site and does not portray the Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the Company’s express written consent.

Links to Third Party Websites

Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site.  The Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof.  The Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.

Risk Factors

INVESTMENT IN ANY OF THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE SITE INVOLVES SUBSTANTIAL RISK OF LOSS AND IS NOT SUITABLE FOR ALL INVESTORS. THERE ARE NO GUARANTEES OF PROFIT NO MATTER WHO IS MANAGING YOUR MONEY. PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.

No Offer

No material on this Site constitutes an offer to sell or a solicitation of an offer to buy any product, security, or service. Offers can only be made where lawful under, and in compliance with, applicable law.

No Warranty

THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.  USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

Limitation of Liability and Indemnification

Under no circumstances shall the Company be liable for any damages or injury, including any direct, special, incidental, consequential, or punitive damages that may result from the use of this Site, whether arising in contract, tort, strict liability, or otherwise. The Company expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this Site as a result of your use of this Site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this Site.

User agrees to indemnify, defend, and hold harmless the Company, its subsidiaries and affiliates, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including attorney’s fees and costs, arising out of or related to User’s improper access to or use of the Site, or any violation by User of the Agreement.

Privacy

Your use of the Site constitutes your consent to the Company’s privacy policy posted from time to time on the Site and incorporated by its reference herein. By using the Site, you authorize the Company to make available any information you provide to the Company, including personally identifiable information, to any third party that hosts the Site to the extent reasonably necessary to facilitate the website and services it provides for the Site.

Email May Not be Used to Provide Notice

Communications made through the Site’s e-mail and messaging system shall in no way be deemed to constitute legal notice to the Company or any of its officers, employees, agents or representatives, such as where notice to the Company is required by contract, or any federal, state or local laws, rules or regulations.

Prohibited Use

The Site is not for use within any jurisdiction or by any person where such use would constitute a violation of law or regulation or would subject the Company or its affiliates to any registration or other requirements within such jurisdiction. You are responsible for compliance with any local laws or regulations related to visiting this Site or accessing information contained on this Site.

Applicable Laws and Venue

This Agreement and your use of the Site shall be governed by the laws of United States of America and the State of New York without regard to its conflicts of law provisions. Disputes arising from or related to your access to and use of the Site shall be adjudicated exclusively in a forum located in the State of New York.

Severability and Waiver

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

Captions; No Assignment

The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.  These Terms of Use may be assigned in whole or in part by the Company. The Agreement may not be assigned in any manner by you without the express, prior written permission of the Company.

Entire Agreement

These Terms of Use, including any hyperlinks, appendices, and all agreement and policies incorporated herein by reference, set forth all of the promises, agreements, conditions, and understandings between the Company and the User with respect to the subject matter hereof and supersedes all prior discussions, understandings, and agreements with respect to the subject matter hereof.