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Agreement of Terms of Use THIS AGREEMENT OF TERMS OF USE (this "Agreement")
is made as of this day, by and between Tsai Capital Corporation, a Delaware corporation ("Tsai Capital"), and
you. This Agreement sets forth the terms and conditions that apply
to your access and use of the Internet websites owned and operated
by Tsai Capital and its affiliates, including, but not limited
to the website located at the URL www.tsaicapital.com
("www.tsaicapital.com"). Applicability of this Agreement; Amendment
of this Agreement This Agreement is intended to apply to you,
Tsai Capital, its affiliates and all Internet websites owned
and operated by Tsai Capital and its affiliates, including,
but not limited to, www.tsaicapital.com.
In continuing to access or use www.tsaicapital.com,
you agree to comply with this Agreement. Your Right to Access and Use www.tsaicapital.com Your right to access and use www.tsaicapital.com
is personal to you and is not transferable by you to any other
person or entity. You are only entitled to access and use www.tsaicapital.com
for lawful purposes and pursuant to the terms and conditions of
this Agreement. Your access and use of www.tsaicapital.com
may be interrupted from time to time for any of several reasons,
including, but not limited to, the malfunction of Tsai Capital’s
equipment, periodic updating, maintenance or repair activities
that Tsai Capital may undertake from time to time, or other
actions that Tsai Capital, in its sole discretion, may elect
to take. Tsai Capital reserves the right to suspend or discontinue
the availability of www.tsaicapital.com
for access and use at any time in its sole discretion and without
prior notice to you. Your Compliance with this Agreement By accessing and using www.tsaicapital.com
(other than to read this Agreement), you agree to comply with
all of the terms and conditions of this Agreement, including any
changes or revisions to this Agreement, which Tsai Capital,
in its sole discretion, may make in the future. In order to determine
your compliance with this Agreement, Tsai Capital may monitor
your access and use of www.tsaicapital.com
in accordance with Tsai Capital’s Internet Privacy Policy
for www.tsaicapital.com
located at the URL http://www.tsaicapital.com/privacy.html. Your Transmissions and Submissions You shall not transmit, submit or post information
to www.tsaicapital.com
that contains any viruses, worms, Trojan horses, trap doors, back
doors, easter eggs, time bombs, cancelbots or other code or computer
programming routines that contain contaminating or destructive
properties or that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system, data
or personal information. Pursuant to Tsai Capital’s Internet
Privacy Policy for www.tsaicapital.com
located at the URL http://www.tsaicapital.com/privacy.html,
Tsai Capital may monitor any transmissions, submissions or
postings by you to determine, in its sole discretion, your compliance
with this Agreement. Privacy Statement In the course of providing products and services,
Tsai Capital collects non-public personal information about
you from the following sources:
Tsai Capital may disclose the information
it collects, as described above, to companies that perform various
services on Tsai Capital’s behalf such as transfer agents,
custodians, broker-dealers, marketing service firms and service
providers that fulfill product information requests. These organizations
use the information only for the services required and as allowed
by applicable law, and are not permitted to share or use the information
for any other purpose. Tsai Capital does not otherwise disclose
non-public personal information to affiliates or non-affiliated
third parties, except as required by applicable law. Access to
your non-public personal information is restricted to trained
employees who need to access such information in order to provide
you with products and services. Tsai Capital has physical,
electronic and procedural safeguards in place, which comply with
federal regulations, to guard and protect your non-public personal
information. Tsai Capital’s Intellectual Property
Rights The names "Tsai Capital" and "tsaicapital.com"
and the Tsai Capital and tsaicapital.com logos and graphics
are trademarks of Tsai Capital, and may not be used by you
without the prior express written permission of Tsai Capital,
which permission may be withheld in Tsai Capital’s sole
discretion. Your Use of the Content Without the prior written consent of Tsai Capital, you may only print, download or otherwise use the Content
in the form of: (i) one machine-readable copy; (ii) one backup
copy; and (iii) one print copy, for your non-commercial use; provided,
however, that you shall not delete any proprietary notices or
materials with regard to the foregoing manifestations of the Content.
Tsai Capital Makes No Representations
or Warranties Regarding Content The Content is being provided to you on an
"as-is" basis. Tsai Capital does not make any representations,
warranties or guarantees, express or implied, regarding the accuracy,
correctness, or completeness of the Content, nor the safety, reliability,
title, merchantability, conformity or fitness for a particular
purpose of the Content. It is your sole responsibility to independently
evaluate the accuracy, correctness or completeness of the Content
on www.tsaicapital.com.
Your Responsibility for Equipment and Related
Costs You are responsible for obtaining and maintaining
all telephone, computer hardware, Internet access services and
other equipment or services needed to access and use www.tsaicapital.com,
and all costs and fees associated with Internet access or long
distance charges incurred with regard to your access and use of
www.tsaicapital.com. Questions, Comments & Complaints Tsai Capital encourages you to provide Tsai Capital with feedback regarding www.tsaicapital.com.
If you have questions, comments or concerns regarding this of
www.tsaicapital.com,
please contact www.tsaicapital.com
or send mail to the following address: Tsai Capital Corporation Limitations on Tsai Capital’s Liability;
Disclaimer Your Indemnification of Tsai Capital You shall defend, indemnify and hold harmless
Tsai Capital and its officers, directors, shareholders, employees,
independent contractors, agents, representatives and affiliates
from and against all claims and expenses, including, but not limited
to, attorneys’ fees, arising out of, or attributable to:
(i) any breach or violation of this Agreement by you; (ii) your
access or use of www.tsaicapital.com;
and/or (iii) access or use of www.tsaicapital.com
under any email address, username or password that may be issued
to you. Tsai Capital’s Remedies You acknowledge that Tsai Capital may be
irreparably damaged if this Agreement is not specifically enforced,
and damages at law would be an inadequate remedy. Therefore, in
the event of a breach or threatened breach of any provision of
this Agreement by you, Tsai Capital shall be entitled, in addition
to all rights and remedies, to an injunction restraining such
breach or threatened breach, without being required to show any
actual damage or to post an injunction bond, and/or to a decree
for specific performance of the provisions of this Agreement. Termination Tsai Capital may terminate any email addresses,
usernames or passwords that may be issued to you, at any time,
without prior notice, for any reason, or for no reason, which
shall not be required to be disclosed to you. Governing Law; Jurisdiction and Venue This Agreement is to be governed and construed
in accordance with the internal laws of the State of New York,
without regard for principles of conflicts of laws. Any civil
action, claim, dispute or proceeding arising out of or relating
to this Agreement, except for an injunctive action regarding a
breach or threatened breach of any provision of this Agreement
by you, shall be referred to final and binding arbitration, before
a single arbitrator, under the commercial arbitration rules of
the American Arbitration Association in New York, New York. The
arbitrator shall be selected by you and Tsai Capital, and if
you and Tsai Capital are unable to reach agreement on selection
of the arbitrator within thirty (30) days after the notice of
arbitration is served, then the arbitrator shall be selected by
the American Arbitration Association. Judgment upon any award
rendered by the arbitrator shall be final, binding and conclusive
upon you and Tsai Capital and your and Tsai Capitali’s
respective administrators, executors, legal representatives, successors
and assigns, and may be entered in any court of competent jurisdiction.
Notwithstanding the previous sentence, in no event shall either
you or Tsai Capital be entitled to punitive damages and both
you and Tsai Capital hereby waive your and Tsai Capital’s
respective rights to any punitive, special, indirect or consequential
damages, including, but not limited to, damages for any loss of
profit, revenue or business. Miscellaneous If any portion of this Agreement is deemed
unlawful, void or unenforceable by any arbitrator or court of
competent jurisdiction, this Agreement as a whole shall not be
deemed unlawful, void or unenforceable, but only that portion
of this Agreement that is unlawful, void or unenforceable shall
be stricken from this Agreement. |
