Terms of Use

1. Agreement. These Terms and Conditions of Use (the "Terms of Use") specifies the terms and conditions for access to and use of www.aretexcapital.com and all corresponding web pages (collectively, the "Site"). The Site is provided by Aretex Capital Management, LP and/or its affiliates (including Aretex Capital Management (UK) Ltd), and their respective officers, directors, managing directors, partners, and employees (collectively, “Aretex Capital Partners”, “we” or “us”). We may modify these Terms of Use at any time upon posting of the modified Terms of Use. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of these Terms of Use.

2. Changes to Terms of Use. We may change these Terms of Use from time to time. Any such changes will be posted on the Site. If we make material changes to these Terms of Service, we will notify you by posting or displaying notice on the Site and/or via other electronic means (e.g., e-mail). By accessing the Site after we make any such changes, you are deemed to have accepted such changes. We recommend that you check back frequently and review these Terms of Use regularly so you are aware of the most current rights and obligations that apply to you.

3. Privacy. Our information collection and use policies with respect to the privacy of any personal information collected in connection with your use of the Site are set forth in the Privacy Notice, which is incorporated herein by reference for all purposes. Please review our Privacy Notice.

4. Ownership. All content included on the Site is and shall continue to be the property of Aretex Capital Partners or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any such content by or through your use of the Site.

5. Intended Audience. The Site is intended for adults only. The Site is not intended for any children under the age of 13.

International use: due to the global nature of the Internet, this website may be accessed by users in countries other than the United States. We make no warranties that materials on this website are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this website, then you should not do so. Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.

In the United Kingdom, this Website is directed only at professional clients and eligible counterparties (each as defined in the Financial Conduct Authority Handbook Definitions) and any services provided by any member of Aretex will only be available to such professional clients and/or eligible counterparties (as applicable). No other person should act on or otherwise rely on any information on this Website. This website is not intended for use by consumers.  

6. Site Use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. You are permitted to use the information made available to you via these services only for your own use. You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of Aretex Capital Partners. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information presented on the Site. We reserve the right, at any time and from time to time, to add, modify, or remove any of the information made available on the Site. These Terms of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by Aretex Capital Partners.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

8. Indemnification. You agree to indemnify, defend and hold Aretex Capital Partners and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms of Use or use of the Site.

9. Disclaimer. The information presented on the Site is provided for informational purposes only without regard to any particular user's investment objectives, financial situation, or means, and Aretex Capital Partners is not soliciting any action based upon such information. This material is not to be construed as a recommendation, an offer to buy or sell, or the solicitation of an offer to buy or sell any security, financial product, or instrument, or to participate in any particular trading strategy. Advice from a suitably qualified professional should always be sought in relation to any particular investment matter or circumstance. The Site does not purport to be all-inclusive and does not contain all material information that a prospective investor may desire when contemplating making an investment. Aretex Capital Partners does not warrant that all information contained on the Site will be accurate or complete at all times. To the fullest extent permitted by applicable laws we disclaim liability for errors or omissions in the information.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. ARETEX CAPITAL PARTNERS MAKES NO GUARANTIES OR REPRESENTATIONS ABOUT ANY MATERIAL VIEWED OR DOWNLOADED FROM THIS SITE. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS ARETEX CAPITAL PARTNERS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS ARETEX CAPITAL PARTNERS IS NOT LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY APPLICABLE LAWS OR LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

You may have additional rights under certain laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you.

11. Third Party Services. The Site may contain references, advertisements or links to third party websites or services (“Third Party Services”). We do not verify or endorse any Third Party Services and we make no representations regarding any content on Third Party Services. To the fullest extent permitted by applicable law we disclaim any liability for any Third Party Services and their content. Accordingly, we encourage you to be aware when you leave the Site and to read the terms of use and privacy notice of each Third Party Service you use.

12. Applicable Law. You agree that the laws of the state of New York, without regard to conflicts of laws provisions will govern these Terms of Use and any dispute that may arise between you and Aretex Capital Partners or its affiliates, and that the exclusive jurisdiction and venue for any dispute shall be New York, New York.

13. Severability. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

14. Waiver. The failure of Aretex Capital Partners to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  Any waiver of these Terms of Use by Aretex Capital Partners must be in writing and signed by an authorized representative of Aretex Capital Partners.

15. Termination.  Aretex Capital Partners may terminate these Terms of Use at any time, with or without notice, for any reason.

16. Relationship of the Parties.  Nothing contained in these Terms of Use or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

17. Entire Agreement. These Terms of Use constitute the entire agreement between you and Aretex Capital Partners and govern the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Aretex Capital Partners with respect to the Site.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including, but not limited to, the Privacy Notice), guidelines, or rules that may apply when you use the Site.

18. Contact Information.

Aretex Capital Management, LP a company registered in the United States of America with registration number 6868684.

152 W. 57th Street,

8th Floor

New York, NY 10019

info@aretexcapital.com

 

Aretex Capital Management, LP, is an SEC registered investment advisor. Registration of an investment adviser does not imply a certain level of skill or training.

https://www.sec.gov/

Aretex Capital Management (UK), Ltd (FRN 913584) is authorised and regulated by the Financial Conduct Authority.

https://www.fca.org.uk/