TERMS AND CONDITIONS OF USE
Please read these terms and conditions carefully. By using this website you agree to be bound by the terms and conditions below. These terms and conditions are subject to change without notice, from time to time, in our sole discretion. We will notify you of changes to these terms and conditions by posting them to this website, therefore we suggest that you review these terms periodically. If you do not agree with these terms and conditions, please do not access this website.
This website is not intended to solicit investors anywhere in the world for any funds, managed accounts, or other investment platforms currently managed or to be managed by Octagon Credit Investors, LLC, and should not be relied upon for such purpose. The information, tools, and material presented in this website are for informational purposes only and are not intended to be, and should not be considered to be, investment advice, or an offer, recommendation or solicitation to buy, sell, or subscribe to any financial instruments. Octagon Credit Investors, LLC does not represent that the securities, financial instruments, products or services presented in this website are suitable or appropriate for all investors. Past performance of any investments or investment portfolios is not an indication, prediction, or guarantee of future performance.
CONTENT AND MATERIALS
The information provided on this website is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. Each user accessing or relying upon information provided herein is doing so at the user’s own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on this website.
Materials and information posted on the website may be printed for your own use, however materials and information posted on the website may not be duplicated, copied, re-disseminated or re-distributed to any other person or entity without permission of Octagon Credit Investors, LLC. Re-dissemination and re-distribution include, without limitation, making any such materials and information available via the Internet or via any other electronic means of access.
We may discontinue or make changes in the information, products or services described herein at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only or, if no date is stated, the date of first posting. We do not undertake any obligation or responsibility to update or amend any information on this website. We reserve the right to terminate any or all website transmissions without prior notice to you. Furthermore, no distribution or solicitation is made by us to any person to use this website or the information, products or services in jurisdictions where the provision of this website and such information, products or services is prohibited by law.
Certain portions of this website are password-protected and intended for viewing only by those investors, prospective investors, or other parties authorized directly by Octagon Credit Investors, LLC to access the information contained therein. Octagon Credit Investors, LLC will issue individual passwords to those authorized parties. Authorized parties agree to keep these passwords private, and not permit any other person to utilize the passwords. Information available through the password-protected portions of the website should be considered confidential and may not be shared, discussed, or disseminated to other parties without the express written consent of Octagon Credit Investors, LLC. For the avoidance of doubt, to the extent that private information may be included regarding issuers of securities, users agree not to utilize or share any material non-public information in violation of securities trading rules and regulations in any jurisdiction.
Use of this website may be monitored, tracked and recorded. Anyone using this website expressly consents to such monitoring, tracking and recording. You are responsible for being familiar with the current version of these Terms and Conditions posted on the website during each session.
The works of authorship contained in this website, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by Octagon Credit Investors, LLC. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the owner's proprietary rights. Except for any third party exchange data, you may download information and print out a copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
POTENTIAL DISRUPTION OF SERVICE
You shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use this website. Access to this website may from time to time be unavailable, delayed, limited or slowed due to hardware or software failure, or for other reasons within or beyond our control.
LIMITATION OF LIABILITY
Because of the possibility of human and mechanical error as well as other factors, the website is provided “as is” and “as available.” We, our affiliates, and any third party data providers:
- Are not providing any warranties and representations regarding the website;
- Disclaim all warranties and representations of any kind with regard to the website, including any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for a particular purpose;
- Do not warrant the accuracy, adequacy, or completeness of the information and materials contained on the website and expressly disclaim liability for errors or omissions in the materials and information; and
- Will not be liable for any delay, difficulty in use, computer viruses, malicious code or other defect in this website, any incompatibility between the website and the user’s files and the user’s browser or other site accessing program, or any other problems experiences by the user due to causes beyond our control.
NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
GOVERNING LAW AND INTERPRETATION
If any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with us. The section headings used herein are for convenience only and shall not be given any legal import.
Your access to and use of the website, and the terms of this disclaimer are governed by the laws of the State of New York and applicable U.S. federal laws.
In addition, any action against Octagon Credit Investors, LLC arising from or relating to your access to and use of the website, and the terms and conditions of this agreement, must be brought by you in state or federal court located in the State of New York, County of New York. You also consent to the jurisdiction and venue of the state and federal courts located within the State of New York, County of New York, for the adjudication of all claims by Octagon Credit Investors, LLC against you arising from or relating to your access to and use of the website, and the terms and conditions of this agreement.