LIMITED LICENSE TO USE THE WEBSITES
Third Point grants you a limited, nonexclusive license to display and otherwise use portions of the Websites solely for your own private, non-commercial, informational purposes only, and to print pages from the Websites only in connection with that use. Except as described in the immediately preceding sentence, you may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Websites without prior express written permission from Third Point, which may be withheld for any or no reason.
You will not use any electronic communication feature of the Websites for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, or that in any way violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
You will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication.
You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs that might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or otherwise attempt to interfere with the proper working of the Websites.
You may not use the Websites in any manner that could damage or overburden any Third Point server, or any network connected to any Third Point server.
You may not use the Websites in any manner that would interfere with any other party’s use of the Websites.
You may not use the Websites to impersonate or attempt to impersonate Third Point, a Third Point employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
You may not use, transfer, distribute or dispose of any information contained on the Websites in any manner that could compete with the business of Third Point.
Means of Access. The Websites are intended to be viewed on a conventional Web browser. Although you may use other means to access the Websites, be aware that the Websites may not appear accurately through other access methods, and you use them at your own risk. You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access and use the Websites. You may not use any data mining, robots or similar data gathering and extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of the Websites or any data and content found on the Websites.
Timeliness of Content. All content on the Websites are presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. You are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
NO OFFER OF SECURITIES
THE WEBSITES AND THE INFORMATION INCLUDED HEREIN ARE FOR GENERAL INFORMATION PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL ON THE WEBSITES BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY THIRD POINT OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY THIRD POINT. ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF THE APPLICABLE CONFIDENTIAL OFFERING MEMORANDUM OF EACH SUCH INVESTMENT FUND OR OTHER APPLICABLE DOCUMENT, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO INVESTORS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS OF EACH SUCH INVESTMENT FUND AS DETERMINED FROM TIME TO TIME BY THIRD POINT IN ITS SOLE AND ABSOLUTE DISCRETION (1).
The Websites are not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice. Nothing on the Websites should be construed as a recommendation, by Third Point or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions. The Websites are not intended to be relied upon as a forecast, research or investment advice. Although this material is based upon information Third Point considers reliable and endeavors to keep current, Third Point does not assure that this material is accurate, current or complete, and it should not be relied upon as such. Any opinions expressed on the Websites may change as subsequent conditions vary. Past performance is no guarantee of future results.
The investments and strategies discussed on the Websites may not be suitable for all investors and are not obligations of Third Point or guaranteed by Third Point. Third Point makes no representations that the contents are appropriate for use in all locations, or that the transactions, securities, products, instruments, or services discussed on these sites are available or appropriate for sale or use in all jurisdictions or countries, or by all investors or counterparties. By making available information on the Websites, Third Point does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities accessing the Websites do so on their own initiative and are responsible for compliance with applicable local laws and regulations.
(1) Such requirements may include, among other things, qualifying as an “accredited investor” within the meaning of the U.S. Securities Act of 1933, as amended; a “qualified client” within the meaning of the U.S. Investment Advisers Act of 1940, as amended; a “qualified eligible person” within the meaning of the U.S. Commodity Exchange Act, as amended; and/or a “qualified purchaser” within the meaning of the rules promulgated under the U.S. Investment Company Act of 1940, as amended. Access to information about the investment funds managed by, or advisory services offered by, Third Point is similarly limited to investors who meet the applicable investor suitability, experience and sophistication requirements. You acknowledge that participation in investment funds is speculative in nature, involves a high degree of risk and is intended only for experienced and sophisticated investors.
While Third Point uses reasonable efforts to update the information contained on the Websites, Third Point makes no representations or warranties as to the accuracy, reliability or completeness of any information, Third Point Content, or user content, at or on the Websites. Any content of the Websites is subject to change without notice. As noted above, permission by Third Point to access the Websites should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice. You acknowledge that any reliance on such material or systems will be at your own risk. Third Point makes no representations regarding the amount of time that any Third Point Content or user content will be preserved.
MATERIALS TO BE CONSULTED IN THEIR ENTIRETY
Third Point does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any user content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites that contain or suggest an endorsement by Third Point without the prior review and written approval of Third Point.
THIRD PARTY WEBSITES
As a convenience to you, we may provide links from the Websites to websites operated by other entities, including websites of our portfolio companies and websites that publish blogs, tweets, or other social media content written by Third Point personnel. Third Point does not review any of the websites that may be linked to the Websites, and is not responsible for the content of off-site pages or any other website linked or linking to the Websites. Third Point is not responsible for the privacy practices of such other websites. Your linking to or use of any websites other than these Websites are at your own risk. Third Point’s inclusion of links to other websites does not imply any endorsement of any kind by Third Point of the material located on or linked to by such websites and should not be deemed as such by any user of the Websites. Third Point disclaims any responsibility for the products or services offered or the information contained on any websites other than the Websites.
BUSINESS PLANS AND OTHER INFORMATION PROVIDED BY YOU
We welcome unsolicited business plans. However, any information or materials that you consider trade secrets, confidential or proprietary should not be submitted to us. Absent an express written agreement to the contrary, any information or materials that you provide to us will not be considered confidential or proprietary, will not be returned or safeguarded, and may be used or disclosed by us for any purpose and in any manner, as we determine in our sole discretion. We reserve the right to turn down investment opportunities in our sole discretion. We receive many similar plans and ideas, and your idea may already have been submitted to us or be under consideration by us. We are not limited or restricted in any way from pursuing opportunities with others.
Third Point is headquartered in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. The information provided in or accessible through the Websites is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Third Point of its affiliates to any registration or other requirement within such jurisdiction or country.
THIRD POINT AND ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITES, THIRD POINT CONTENT, OR USER CONTENT AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE WEBSITES. THE WEBSITES AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN “AS AVAILABLE” BASIS. THIRD POINT, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE WEBSITES, THIRD POINT CONTENT, USER CONTENT, ANY MATTER RELATED TO THE WEBSITES AND SUCH INFORMATION AND MATERIALS ON THE WEBSITES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. THIRD POINT EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS ON THE WEBSITES OR THE INFORMATION AND MATERIALS CONTAINED THEREIN.
THIRD POINT AND ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED ON THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE WILL BE FREE OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS. THIRD POINT AND ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND TO YOUR COMPUTER, VIRUSES THAT MAY INFECT YOUR COMPUTER, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR USE OF THE WEBSITES.
You acknowledge that you are aware that by using the Websites you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing and/or other security or privacy hazards.
LIMITATION OF LIABILITY; INDEMNIFICATION
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THIRD POINT OR ITS LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of Third Point or any of its officers, directors, members, partners, principals, investors, agents or employees or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.
Your sole remedy for dissatisfaction with your use of the Websites are to stop using, viewing or accessing the Websites.
INTEGRATION AND SEVERABILITY
Both you and Third Point acknowledge and agree that no partnership is formed and neither of you nor Third Point has the power or the authority to obligate or bind the other.
Any notice to Third Point shall be given in writing and sent by registered mail to:
Third Point LLC
55 Hudson Yards 51st Floor
New York, New York 10001
Last Updated: February, 2022