By accessing the website (the “Site”) of Valiant Capital Management, L.P. and Valiant Peregrine Management, L.L.C. (“Valiant”), you accept and agree to comply with the following Terms of Use pertaining to the Site, which constitutes a binding legal agreement between you and Valiant. These Terms of Use govern your access and use of the Site, which includes any information, services and other content (together, “Content”) available on or through the Site and that is disseminated by Valiant on its social media profiles. You may contact Valiant at ir@valiantcapital.com[CH1] with questions about these Terms of Use.
By visiting the Site, you acknowledge and agree to these Terms of Use and our Privacy Policy, which may be updated by us at any time. Updates to the Terms of Use will be posted here. Any such changes will be effective upon posting.You should consult the “Terms of Use” link on this Site each time you visit the Site. If you do not agree with it, you should not use the Site.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOU ALSO AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS THE SITE, AND YOU AGREE NOT TO ACCESS THE SITE.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Site is for your personal and non-commercial use. Valiant grants you a non-exclusive, non-transferable, revocable and limited personal license to access and use the Site, conditioned on your continued compliance with these Terms of Use. At any time and for any reason Valiant may revoke your right to use all or any portion of the Site. You may not modify, copy (except as set forth below), distribute, transmit, display, perform, reproduce, publish, frame, license, create derivative works from, transfer, sell or commercially exploit all or any part of the Site or any information, products or services obtained from the Site. If you link other websites to this Site, you may not imply or suggest that Valiant has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. You may print one hardcopy of the information and download one temporary copy of the information into one single computer’s memory solely for your own personal, non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices are kept intact. You are prohibited from using the Site to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission of Valiant. You may not take any action that imposes, or may impose, in our absolute discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures we may use to prevent or restrict access to the Site. Any rights not expressly granted herein are reserved.
THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE. No representation is being made that any investment or transaction will or is likely to achieve the profits or losses similar to those achieved in the past, or that significant losses will be avoided. While particular investments may be discussed, these are not an indication of future positions and should not be used to extrapolate performance.
FORWARD LOOKING STATEMENTS
Information contained in the Content may contain forward-looking statements based on Valiant’s expectations and projections. Those statements are sometimes indicated by words such as “expects,” “believes,” “will” and similar expressions. In addition, any statements that refer to expectations, projections or characterizations of future events or circumstances, including any underlying assumptions, are forward-looking statements. Such statements are not guarantees of future performance and are subject to certain risks, uncertainties and assumptions that are difficult to predict. Therefore, actual returns could differ materially and adversely from those expressed or implied in any forward-looking statements as a result of various factors. Valiant undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
NO UNLAWFUL OR PROHIBITED USE
As a condition to your use of the Site, you represent and warrant to, and agree with, Valiant that you will not use the Site for any purpose that is unlawful, prohibited by these Terms of Use or that otherwise inhibits anyone’s use or enjoyment of the Site. In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior.
Valiant has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you, and we may at any time revoke your right to use all or a portion of this Site. Valiant may investigate any complaint or suspected violation of these Terms of Use and may report any activity relating to this Site to regulators, law enforcement officials or other persons or entities it deems appropriate.
NO SECURITIES OFFERING OR INVESTMENT ADVICE
The information on the Site is intended to enable investors to understand the nature of Valiant’s financial advisory services. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. All Content is informational only and should not be construed as any endorsement, recommendation or sponsorship of any company or security by Valiant. This Content does not contain the information that an investor should consider or evaluate to make a potential investment. There are inherent risks in relying on, using or retrieving any information found on the Site, and Valiant urges you to make sure you understand these risks before relying on, using or retrieving any Content on the Site. You should evaluate the Content made available through the Site, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information. You agree that Valiant is not liable for any action you take or decision you make in reliance on any Content.
THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE. No representation is being made that any investment or transaction will or is likely to achieve the profits or losses similar to those achieved in the past, or that significant losses will be avoided.
FORWARD LOOKING STATEMENTS
Information contained in the Content may contain forward-looking statements based on Valiant’s expectations and projections. Those statements are sometimes indicated by words such as “expects,” “believes,” “will” and similar expressions. In addition, any statements that refer to expectations, projections or characterizations of future events or circumstances, including any underlying assumptions, are forward-looking statements. Such statements are not guarantees of future performance and are subject to certain risks, uncertainties and assumptions that are difficult to predict. Therefore, actual returns could differ materially and adversely from those expressed or implied in any forward-looking statements as a result of various factors. Valiant undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
THIRD PARTY CONTENT
Valiant is not responsible for information produced by a third party that is referred to in, or accessible or connected by hyperlink to any Content. Valiant makes every attempt to provide links only to accurate websites, but Valiant cannot be responsible for the information or continued accuracy of the information presented on those websites. Valiant specifically disclaims any liability for any loss or damages which a viewer may incur by visiting any such websites. You are advised to review the terms of use and privacy policies of any website that you visit. Valiant disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Content. Hyperlinks to or from the Content do not constitute third party endorsement of, sponsorship by or affiliation with Valiant.
LINKEDIN DISCLOSURES
Content and other information contained on the Valiant LinkedIn pages (available at https://www.linkedin.com/company/valiant-capital-management/ and https://www.linkedin.com/company/valiant-peregrine) that is provided by Valiant is for informational purposes only, represents the current, good-faith views of Valiant and is subject to change without notice. No Content provided by Valiant or by other third parties on LinkedIn should be considered to be investment advice, an offer to sell, solicitation to buy or recommendation to invest in any particular security, strategy or investment product.
Any likes, comments or other opinions expressed by persons appearing on Valiant’s LinkedIn pages do not necessarily represent the views of Valiant or its affiliates. Valiant is not responsible and does not endorse the information, advertising, products, advice, opinions, recommendations or other materials available from other members of LinkedIn.com. Due to various regulations and internal policies, Valiant may not reply to certain user comments. Valiant reserves the right to remove information from its LinkedIn pages that does not comply with its internal social media policies, including content that is profane, unlawful, threatening, discriminatory or malicious.
LinkedIn is a public site. Valiant is in no way affiliated with LinkedIn and has no responsibility for its operations and services or for other LinkedIn service sites. Valiant is not responsible for LinkedIn’s terms of use or privacy or security policies, or any other third-party sites that may be linked to by a LinkedIn site.
Valiant disclaims, to the fullest extent permitted by law, all express and implied warranties of merchantability, fitness for a particular purpose, and non-infringement associated with the LinkedIn pages. If you live in a state that does not allow disclaimers of implied warranties, this disclaimer may not apply to you.
Your use of the LinkedIn pages constitutes your acceptance of the terms contained herein. You may reject these terms by not using the LinkedIn pages at any time.
Disclaimer of International Use
This Site is operated and controlled by Valiant in the United States, and the Content provided in or accessible through the Site is directed at residents of the United States. Despite the global nature of the Internet, Valiant makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
USE OF LOGOS
Valiant has not sought nor obtained consent from any third party to use any statements or information contained herein. Any such statements or information should not be viewed as indicating the support of or from such third party for the views expressed herein. All trademarks and trade names used herein are the exclusive property of their respective owners.
Limitation of Liability; INDEMNIFICATION
- All or any portion of the Site may not be available and may not function properly at any time.
- The Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
- Valiant disclaims liability for any interception of data or communications.
- Valiant does not guarantee the security of the Site.
- Valiant is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
- Valiant is not liable for any defects, delays or errors in or resulting from your use of the Site.
VALIANT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” VALIANT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING VALIANT’S GENERAL DISCLAIMER, VALIANT DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
VALIANT’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL VALIANT OR ANY OF ITS AFFILIATES, and each of their respective controlling persons, shareholders, members, managers, partners, directors, officers, employees and agents (“Covered PErsons”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THESE TERMS OF USE, THE SITE, THE INABILITY TO USE THE SITE. VALIANT’S LIABILITY IS LIMITED EVEN IF VALIANT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
You will be responsible for any liability to VALIANT that arises out of your breach of tHESE TERMS OF USE or your use of the Site. You agree to indemnify, defend and hold harmless the Covered Persons and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: (1) your use of the Site, (2) your breach of these Terms of Use or any representation, warranty or covenant made by you in these Terms of Use, (3) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or (4) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms of Use.
Governing Law; DISPUTES
These Terms of Use are governed by the laws of the State of California, without regard to its choice of law provisions. Any dispute relating to these Terms of Use or your use of the Site shall be resolved solely in the state or federal courts located in the jurisdiction of Valiant’s principal place of business. You agree to waive trial by jury in any such action.
YOU AND VALIANT AGREE THAT YOU AND VALIANT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT WHERE DOING SO IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. FURTHER, YOU AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES AFFECTED BY SUCH PROCEEDINGS.
You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms of Use would cause irreparable injury, that money damages would be an inadequate remedy, and that Valiant shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this section shall be construed as preventing Valiant from pursuing any and all remedies available to it, including the recovery of money damages from you.
GENERAL
If any provision of these Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms of Use shall remain in full force and effect.
These Terms of Use constitute the entire understanding, and supersede all other understandings, between you and Valiant concerning the subject matter hereof.