Terms of Use – Gencap & Co.

GENCAP & CO. WEBSITE | TERMS AND CONDITIONS OF USE: THIS IS A LEGAL AGREEMENT. IT GRANTS YOU CERTAIN RIGHTS AND IMPOSES CERTAIN OBLIGATIONS ON YOU IN CONNECTION WITH YOUR USE OF THE GENCAP & CO. ‘s WEB SITE. YOU SHOULD READ THIS DOCUMENT CAREFULLY AND ONLY ACCEPT ITS TERMS IF YOU UNDERSTAND AND AGREE WITH THEM.

Introduction: Welcome to the website of Gencap & Co. and its subsidiaries (together with all information and material contained on such website, the “Site”). Please read the following information carefully before using the Site. By using the Site you agree that you have read and accepted these terms and conditions (the “Agreement”) and the restrictions governing the use of the Site. This Agreement is a binding agreement between you and Gencap & Co. and its subsidiaries, and governs your access and use of the Site, which includes any information, data, tools, products, services and other material available on or through the Site. This Site is brought to you by Gencap & Co. and its subsidiaries (collectively, “Gencap & Co.”, “us”, “our” and “we”). Please go to the Contact page for further information about Gencap & Co. and how to contact us.

Limited Use: Gencap & Co. grants you a limited right to use the Site. Your right to use the Site is subject to your agreement to abide by this Agreement in its 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 we may revoke your right to use all or any portion of the Site. You may not violate or attempt to violate the security of the Site.

No offer or advice: The material set out in the Site is provided for information purposes only and is subject to change without notice. This Site does not allow visitors to transact business with Gencap & Co. Nothing on the Site should be construed as a solicitation, offer or invitation, or recommendation, to acquire or dispose of any investment or to engage in any other transaction. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. We do not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Nothing contained on any part of the Site constitutes investment, legal, tax or other advice nor is it to be relied upon in making an investment or other decision. You should obtain relevant and specific professional advice and check the accuracy of all relevant information before making any investment decision. The information and opinions contained on the Site are provided without any express or implied warranty.

Changes to the Site: We shall have no responsibility for ensuring that the Site is kept up to date. We reserve the right in our absolute discretion to add to or remove any material from the Site or to amend, alter, redesign or change anything contained in or on it at any time and without notice or liability. We may also suspend the Site at any time, without notice or liability.

Accuracy of Information: Gencap & Co. makes no representation, undertaking or warranty that the information or opinions contained in the Site are accurate, reliable or complete. Dated content available on the Site, including, without limitation, any information, data, tools, products, services and other content available on or through the Site speaks only as of the date indicated.

Prohibited Visitors: Access to this Site and any information on the Site is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) it is prohibited to access the Site or direct such information for any reason. If you are a person in a jurisdiction in which such prohibitions apply you must not access this Site.

Warranties and Limitations of Liability: THE SITE IS PROVIDED “AS IS” AND YOUR ACCESS AND USE OF IT IS AT YOUR OWN RISK. To the extent permitted by law and unless otherwise specifically set out in this Agreement, we make no warranties, representations or undertakings in respect thereof and all warranties representations, undertakings, or other terms or any kind, whether express or implied by statute, custom or usage (including without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) relating to the Site and the information contained in or omitted from the Site are excluded. Specifically, but without limitation, we do not warrant that: (a) you will be able to use the Site, or that it will continue to be made available in its current or any other form at the current domain name or at any other domain name; and (b) the Site or any software, information or material of whatsoever nature available on or downloaded from the Site will be free from errors, faults, viruses, other computer or-data corrupting or data-damaging material or defects, compatible with your equipment or fit for any purpose. It is your responsibility to use suitable anti-virus software on any software or other information or material that you may download from the Site and to ensure the compatibility of such software or material with your equipment. We cannot guarantee that any information displayed on the Site has not been changed or modified through malicious attacks or “hacking”. Whilst Gencap & Co. have taken reasonable care to ensure the information contained in this Site is accurate, neither Gencap & Co. (nor any of its affiliates, agents or licensors) give any guarantee or make any representation, undertaking or warranty as to the accurateness, reliability or completeness of any material, document or information, news or opinions contained on or provided in connection with the Site. Gencap & Co. is not responsible for any errors or ommissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. You are responsible for the security of any data which you transfer to or from the Site. To the fullest extent permitted by law, Gencap & Co. (and its affiliates, agents or licensors) excludes all liability whether in contract, tort, negligence, misrepresentation or otherwise for any direct or indirect loss or damage caused, directly or indirectly, by your use of the Site or the information contained on the Site or provided to you pursuant to your use of the Site. In no circumstance shall Gencap & Co. (or any of its affiliates, agents or licensors) be liable for any direct, indirect, incidental, special or consequential loss or damages (including, without limitation loss of profit, business opportunity, loss of goodwill, anticipated savings or data) arising from: (i) your inability to use the Site at any time or any error in the provision of the Site; (ii) unauthorised access to or alteration of the Site or any information or data transmitted in relation to the Site; (iii) any error, fault, computer virus or other computer or data-corrupting or data-damaging material transmitted through the Site; (iv) third party services outside Gencap & Co.’s reasonable control (including, but not limited to, telephone and browser services and your use of email communications to contact or instruct us, and any delay in our receipt or confirmation of such a communication, any interception of or changes to such a communication and any reasonable delay in acting on such a communication), whether such services are used by you to access the Site or otherwise; (v) your use of and/or reliance on other web sites to which you have gained access by means of hyperlinks published on the Site; or (vi) any inaccurate information, material or opinions published on the Site (or accessed via the Site) or your reliance thereon. For the avoidance of doubt this provision shall apply whether or not the relevant loss or damage arises by reason of Gencap & Co.’s negligence or in contract, tort, misrepresentation or otherwise. Gencap & Co.’s LIABILITY IS LIMITED EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER 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. Notwithstanding any other term of this Agreement, nothing in this Agreement is intended to or does exclude or restrict Gencap & Co.’s liability to you for the tort of deceit, or for personal injury or death caused by Gencap & Co.’s negligence or for any other liability which cannot be excluded or limited by law. You shall be liable to Gencap & Co. for any loss, liability or cost Gencap & Co. (or any of its affiliates) suffers as a result of your use of the Site or any breach of this Agreement, and in particular any warranties, representations or undertakings made, by you. You agree to indemnify, defend and hold harmless Gencap & Co. and its affiliates, agents, employees 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: (a) your use of the Site; (b) your breach of this Agreement or any representation, warranty or covenant made by you in this Agreement; (c) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or (d) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this Agreement.

External Sites: The Site contains links to other sites or addresses on the world wide web. When you access certain links in this website you may leave the Site. If you access any third party web site through the Site or otherwise, you do so at your own risk. External sites are not part of this Site and do not belong to us. We do not endorse or accept any responsibility for the content of such linked external websites, nor the products or services on them.

Copyright Information: Unless stated otherwise, the information, materials, logos and images contained in this Site are the property of Gencap & Co. or its affiliates or its licensors, with all rights reserved. This includes, without any limitation, copyright and any other intellectual property rights in the graphic images, buttons, layout and text contained in the Site. Gencap & Co. and/or other Gencap & Co. marks referred to on the Site are trademarks which belong to Gencap & Co. and its affiliates and/or their licensors in other countries. No visitor may use such trademarks or other devices without the prior written consent of Gencap & Co.. Other product and company names reproduced on the Site may be the trademarks (registered or otherwise) of the respective owners, and all rights in the material on any other web sites which you may be able to link to from the Site may be owned by third parties with all rights reserved by such parties. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site. You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this Agreement. As a visitor to the Site, you may view the Site and you are welcome to print hard copies of material on it for your personal, non-commercial use. You may discuss information that you learn from the Site with your financial, legal or tax advisors, and others with whom you share investment decisions. You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site. All other copying or distribution of any part of the Site whether in electronic, hard copy or other format is prohibited and all other rights reserved. Any copies must not alter the original content and must reproduce our copyright notices.

User Conduct: You agree not to use the Site in any way that will violate or infringe any laws or regulations of any jurisdiction or the rights of any person. You make certain representations and warranties regarding your use of the Site. You represent and warrant that: (a) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this Agreement; and (b) you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this Agreement; and you will not delete any of the content available on the Site, including, without limitation, any information, data, tools, products, services and other content available on or through the Site. Further, when accessing and using any information provided on this Site, to the extent you may now or in the future be entitled to do so pursuant to the terms of this Agreement, you warrant, represent and undertake that you will not upload, post or submit to or transmit or otherwise publish through the Site any content or information which: (a) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, or which may be reasonably considered to be so. This includes without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any national or international law; (b) restricts or inhibits any other user from using the Site; (c) infringes the rights (including, without limitation, intellectual property rights such as copyright, trademarks and patents) of any third party; (d) contains a virus, other computer or-data corrupting or data-damaging material or other harmful component; (e) contains advertising of any kind; or (f) constitutes or contains false or misleading indications of origin or statements of fact. Certain information on the Site may be confidential non-public and/or proprietary information. By using the Site, you agree that (1) you will not disclose (except to those persons in your organization who have a need to know the same and who agree to be bound by the terms of this paragraph) any such confidential non-public and/or proprietary information that you have access to on the Site and (2) you will not trade in any securities of Gencap & Co. or any affiliate of Gencap & Co., or engage in any other transaction on the basis of any such confidential information until the same is made public by us or is no longer relevant. With respect to the private portion of the Site, You must keep your password confidential. You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party. You accept full responsibility for any use of your password. You must notify Gencap & Co. immediately of any actual or suspected loss, theft or unauthorized use of your password. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.

Changes to Agreement: Gencap & Co. reserves the right to make any changes to the Agreement at any time and it is your responsibility to check for any changes to the Agreement. You will be bound by revised versions of this Agreement that Gencap & Co. posts on the Site. Modifications will be effective immediately upon posting unless we indicate otherwise.

Data Protection: When you visit the Site, we may collect, process and use information about you which may not personally identify you but which may be helpful for improving the operation of the Site. Such information may be collected through “traffic data” and may entail the use of “cookies”, “IP addresses” or other numeric codes used to identify your computer. We may also collect personal data from you through the Site or via email when you contact us. Such information may be retained and used by us for general research purposes, to communicate with you to respond to any queries or requests made by you and for any other reasonable purposes for which you have provided such information. In addition, we may use such data from time to time to send you further information relating to Gencap & Co.’s (or any if its affiliates’) products or services which we feel may be of interest to you or any information which you have expressed an interest in to Gencap & Co. to your usual contact at Gencap & Co. or through email or this Site. You may notify us at any time if you wish to cease receiving this further information by contacting your usual contact at Gencap & Co. As a means of processing and using your personal data for the purposes set out above, we may transfer such data to Gencap & Co.’s affiliates or other selected third parties located anywhere in the world (who may process, use and similarly transfer your data) where this is reasonably required or deemed reasonably appropriate by us in order to provide you with the above information. Such third parties may be based in countries where data protection laws might not exist or be of a lower standard than in the United States. We may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate. We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that we deem appropriate. We are committed to protecting your privacy and we implement various security measures in relation to our processing and transfer of personal data to try to ensure that your personal data is kept secure against unauthorized access, loss, disclosure or destruction. However, the nature of the Internet is such that the data may in some circumstances flow over networks without full security measures and could be accessible to unauthorized persons. Gencap & Co. is not liable for any technological problems and any impact that they may have. All or any portion of the Site may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications. We make reasonable efforts to ensure that the Site is secure but we do not guarantee the security of the Site. We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. We are not liable for any defects, delays or errors in or resulting from your use of the Site. By using the Site you confirm that you consent to the uses of information relating to you set out above and you authorize us to make available, transfer and disclose such information to third parties in the manner described above. If you wish, you may have a copy of the personal data held by us in relation to you. We may, to the extent allowed by law, charge you a fee for this.

Non-Disclosure: Certain information on the Site may be confidential non-public and/or proprietary information. By using the Site, you agree that (1) you will not disclose (except to those persons in your organization who have a need to know the same and who agree to be bound by the terms of this paragraph) any such confidential non-public and/or proprietary information that you have access to on the Site and (2) you will not trade in any securities of Gencap & Co. or any affiliates of Gencap & Co., or engage in any other transaction on the basis of any such confidential information until the same is made public by us or is no longer relevant.

Miscellaneous: We may terminate this Agreement at any time upon notice to you, in which case you will no longer be able to access the Site. We reserve the right in our absolute discretion to monitor, suspend, revoke, or otherwise limit access to the Site at any time. If a competent court of law or authority finds that any or part of this Agreement is invalid, unlawful or unenforceable to any extent, Gencap & Co. shall delete the relevant part from the remainder of this Agreement and the remainder of this Agreement shall continue to be valid and enforceable to the fullest extent permitted by United States law. A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy. Gencap & Co. may assign, subcontract or transfer all or any of its rights and obligations under this Agreement (including to Gencap & Co.’s successors or assigns, any of Gencap & Co.’s affiliates or their successors or assigns) located anywhere in the world without requiring further consent from you, and upon such assignment, sub- contracting or transfer, Gencap & Co. may be relieved of any further obligation to you under them. To the extent required and at our request, you agree to do anything reasonably necessary or beneficial to give effect to such assignment, sub-contracting or transfer. You may not assign, subcontract or transfer this Agreement in whole or in part to any third party without our prior written consent. This Agreement is governed by the laws of the United States. The courts of the United States shall have exclusive jurisdiction in relation to any dispute arising out of your use of the Site or arising from or connected with this Agreement and you hereby submit to the exclusive jurisdiction of the courts of the United States.