Terms of Use

Effective as of August 24, 2022

Acceptance of Terms of Use

These Terms of Use (“Terms of Use” or “Agreement”) state the terms and conditions under which you (“you” or “your”) may use the website and all Content and Services (as defined below) offered through the Site. The Site is owned and operated by Delamere Management Investment (DMI) Capital Management, L.P. (“DMI”, “we”, “our”, or “us”). Please read this Agreement carefully. This Agreement, along with the DMI Privacy Policy, govern your use of the Site. If you do not agree with the terms and conditions outlined in this Agreement, you are not granted permission to access or otherwise use the Site. Any use of the Site in a manner inconsistent with these Terms of Use is deemed unauthorized access and may be subject to civil or criminal penalties. This Site contains various information in the form of data, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, news, reports, videos and other materials relating to DMI as well as third party content, (collectively, the “Content”). By accessing, browsing and/or using this Site and any services that may be made available through the Site (the “Services”) you acknowledge that you have read, understood and agree to be legally bound by this Agreement. We reserve the right to amend this Agreement at any time and from time to time. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.

Limited Right to Use

DMI grants you a limited right to use the Site. Your right to use the Site is subject to your agreement to abide by these Terms of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason DMI may revoke your right to use all or any portion of the Site.

Use Restrictions

You are expressly prohibited from (i) using any robot, spider, intelligent agent, other automatic device, or manual process to monitor, “mine”, manipulate or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working or circumvent, disable or otherwise compromise any security features of the Site, (iii) knowingly or recklessly uploading or transmitting to the Site any data or material that contains viruses, spyware, worms or other malicious software code designed to adversely affect the operation of the Site or BGI’s software, hardware or networks (iv) taking any action, including flooding, spamming, mailbombing and crashing, that imposes an unreasonable or disproportionately large load on BGI’s infrastructure, (v) transmitting to the site or to any DMI personnel, any profane, defamatory, libellous, threatening, obscene or unlawful material, (vi) reverse engineering, decompiling or disassembling the underlying software, (vii) removing any notices, warnings, labels, annotations or instructions from any portion of the Site or any related material, including, without limitation, any trademark, copyright, or other proprietary notices or license provisions, or (viii) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal data about any user of the Site.

DMI prohibits the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by DMI in writing. You may not frame any elements of the Site with any other website.

Any violations of system or network security, including attempts to intentionally access a computer without authorization or exceed your authorized access level, may result in civil and criminal charges. DMI may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Site if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.

Privacy Policy

Please click here to review the DMI Privacy Notice, which is part of this Agreement and hereby incorporated by reference, to learn about our information collection and processing practices and the measures we take to preserve the privacy and security of your information. By using the Site, you acknowledge having been informed about the collection, use, disclosure and other handling of personal data consistent with the Privacy Policy.

Cookies

We use cookies to collect certain information about your browsing session when you visit the Site. Cookies are bits of text that are stored on your device. We use cookies to ensure our Site functions properly and to improve your online experience. The “help” portion of the toolbar of most browsers will tell you how to stop accepting new Cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Disabling Cookies might mean that you cannot take advantage of some Site features. For more information on BGI’s Cookies policy please contact us.

Sign-In Name and Password Policy

Certain areas of the Site may require you to register prior to being granted access. During the registration process, we will assign to you a unique sign-in name (“Sign-In Name”). Your Sign-In Name can be used by only one individual (“User”). You are solely responsible for the confidentiality and use of your Sign-In Name as well as for any use, misuse or communications entered through the Site using your Sign-In Name. You should notify the DMI Data Protection Officer (dataprotectionofficer@delameremanagement.com) immediately if you become aware of any loss, theft or unauthorized use of your Sign-In Name. DMI reserves the right to delete or change your Sign-In Name and terminate or suspend your User access to the restricted access areas of the Site at any time and for any reason.

WARNING REGARDING INTERNET PHISHING AND FRAUD

Our name, brands and reputation may be misused by imposters and frauds publishing fake web sites and engaging in “phishing” scams seeking personal or confidential information.

When communicating with DMI through digital media, please:

• Confirm you are visiting an authorized DMI website.
• Do not share your Sign-In Name or password with anyone, including anyone from BGI. We will never ask you for this information.
• Do not communicate or deal with personnel who are not affiliated with an authorized DMI office.
• Do not send e-mails to anyone with an address other than authorized DMI e-mail domains (“@delameremanagement.com”).

Intellectual Property Rights & Trademarks

You acknowledge that the Site, the domains and sub domains, and the various elements contained therein, including, but not limited to, the Content, are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. “Delamere Management Investment (DMI) Capital Management, L.P.” and all other trademarks, trade dress, logos and service marks displayed on the Site are Trademarks belonging to BGI, its affiliated entities, or its licensors.

International Use

The Site is operated and controlled by DMI in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States.

Links to Third Party Websites

The Site may periodically provide links to third-party websites. These Terms of Use govern only the Site and not any such third-party websites.

Disclaimer of Warranty

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DMI DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. DMI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE... YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

Limitation of Liability & Indemnification

UNDER NO CIRCUMSTANCES WILL BGI, OR ANY OF ITS AFFILIATED ENTITIES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS TO OR USE OF THE SITE... You shall indemnify and hold harmless DMI Parties for any and all claims, losses, liabilities, and expenses arising from your use of the Site.