Welcome to the Lexerd Capital Management LLC Website (the “Website”).
Certain areas of the Website are accessible only to registered users for an entity that has agreed to Login Access on the website as a Participant (a “Participant”). If you are a registered user for a Participant, your use of the Website, including the Restricted Areas, is governed by the Lexerd Capital Management LLC NDA Agreement (the “NDA Agreement”), and you agree to the terms contained in the NDA Agreement.
Most areas of the Website is accessible to visitors who are, in good faith, considering possible use of our Services. If you are a person who is not a registered user for a Participant (a “Visitor”), your use of the General & Restricted Areas is governed by these terms for Website Visitors (the “Website Terms”). By accessing or otherwise using the General & Restricted Areas, you agree to the Website Terms.
- Authorization to Use. You may access and otherwise use the General & Restricted Areas only to the extent you do so (i) in a good-faith effort to gain information about our Business and Services, (ii) at your own risk and responsibility, and (iii) in compliance with these Website Terms and applicable law. You will not access or use the General & Restricted Areas for any other purpose. In connection with your authorized use, you may display or print General & Restricted Areas pages and provide links to General & Restricted Areas pages to persons within your organization, or other persons with whom you have a business relationship, if you believe that such persons may have a business interest in the information.
- Limits on Use. The Website is protected by copyright and other laws. Except as expressly authorized by Section 1, you will not reproduce, display, distribute, or otherwise use or disclose the Website or any part of it. You will not use the Website in any manner that could damage or overburden the servers or any connected network used by Lexerd Capital Management LLC or any of its affiliates or service providers. Nor will you use the Website in any manner that could interfere with another party’s use of the Website. In no event will you decompile, disassemble, or otherwise reverse engineer the Website or any intellectual property of Lexerd Capital Management LLC relating to it.
- Privacy. Lexerd Capital Management LLC intends to use commercially reasonable efforts to follow the Privacy Statement posted on the Website. Lexerd Capital Management LLC in its sole discretion may change the Privacy Statement from time to time. Lexerd Capital Management LLC will not bear any responsibility or liability for any information submitted to Lexerd Capital Management LLC or for the use or misuse of any information submitted by you or any other person.
- Availability and Content. Lexerd Capital Management LLC makes no representation, warranty, or covenant that the General & Restricted Areas will be available at all times or at any time. Various circumstances may prevent or delay availability. Lexerd Capital Management LLC at any time may discontinue the General & Restricted Areas in whole or in part, or suspend or terminate your access to the Restricted Areas, for any reason or no reason, with or without notice. There may be errors or omissions in the General & Restricted Areas, and Lexerd Capital Management LLC reserves the right, but will not be required, to correct any errors or omissions. Lexerd Capital Management LLC will not be responsible for any loss, cost, damage, or liability that may result from any loss or delay of availability, any suspension of access, or any errors or omissions. In addition, Lexerd Capital Management LLC will not be responsible for the accuracy, completeness, or timeliness of the General & Restricted Areas or for the results obtained from its use.
- No Warranties. The General & Restricted Areas is provided “as is.” Lexerd Capital Management LLC makes no representation or express or implied warranty of any kind whatsoever relating in any way to the General & Restricted Areas or any linked sites. Lexerd Capital Management LLC disclaims to the maximum extent permitted by law any and all such express or implied warranties. Without limiting the foregoing, Lexerd Capital Management LLC disclaims to the maximum extent permitted by law all (i) warranties of merchantability or fitness for a particular purpose, (ii) warranties against infringement of any third-party intellectual property or proprietary rights or of quiet enjoyment, (iii) warranties relating to delays, interruptions, errors, or omissions, and (iv) warranties otherwise relating to accuracy, performance, or other acts or omissions by Lexerd Capital Management LLC. Lexerd Capital Management LLC disclaims any warranty that the General & Restricted Areas will fulfill any of your particular purposes or needs. The General & Restricted Areas is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. Lexerd Capital Management LLC makes no warranty against interference with your enjoyment of the General & Restricted Areas or against infringement.
- No Liability or Damages. Lexerd Capital Management LLC will have no liability to you of any kind relating to, resulting from, or in connection with the General & Restricted Areas (including any content on it or the results obtained from its use), the Website Terms, or Lexerd Capital Management LLC business, or any linked site, for any cause whatsoever, whether arising in contract, tort, or otherwise. No remedy will be available against Lexerd Capital Management LLC or any of its affiliates relating to, resulting from, or in connection with any of the foregoing. In no event will any special, incidental, or consequential damages against Lexerd Capital Management LLC be allowed, even if Lexerd Capital Management LLC has been advised of the possibility of such damages. The exclusions of damages in these Website Terms are independent of, and survive the failure for any reason of, any other remedy.
- Arbitration. Any controversy or claim relating to these Website Terms shall be settled by arbitration in Philadelphia, Pennsylvania, USA administered by the American Arbitration Association under its commercial arbitration rules. There shall be no right or authority for any claims to be arbitrated on a class action basis. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This provision will not prevent either party from seeking preliminary injunctive relief from a court of competent jurisdiction to prevent irreparable injury.
- Governing Law. These Website Terms will be governed by and construed in accordance with the internal law of the State of Pennsylvania, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of these Website Terms to the substantive law of another jurisdiction.
- Severability. If any provision or condition of these Website Terms is held invalid or unenforceable by any court or other adjudicative body with jurisdiction, such invalidity or unenforceability shall attach only to such provision or condition, and the validity of the remaining provisions and conditions hereof shall remain unaffected.
- Changes. Lexerd Capital Management LLC may change these Website Terms at any time, with or without advance notice, in its sole discretion. You should check the General & Restricted Areas to view the current Website Terms.