Marquart Capital Management, LP

Terms of Use

Welcome to the Marquart Capital Management, LP website (the “Website”). Please read the below Terms of Use carefully before using the Website. The Website is intended only for your personal, non-commercial use, unless you and Marquart Capital Management, LP (“Marquart Capital”) have agreed otherwise in writing.

External Links: Please note that the Website may contain links to other websites of interest. The existence of any such links does not constitute an endorsement of such websites, the contents of the websites or the operators of the websites. If you use these links to leave our Website, you should note that we do not have any control over that other website. Therefore, Marquart Capital cannot be responsible for the protection and privacy of any information that you provide while visiting such other websites and such websites are not governed by these Terms of Use or our Privacy Policy. You should exercise caution and look at the terms of use and the privacy statement applicable to the website in question.
Copyright Policy, Linking Policy, and Trademarks. The Website is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Website, including any text, graphics, video, audio, software code, user interface design or logos.

Timeliness of Content. All content on the Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data.

Prohibited Uses. Because all servers have limited capacity and are used by many people, you are prohibited from using the Website in a manner that could damage or overburden any Marquart Capital server, or any network connected to any Marquart Capital server. Further, do not use the Website in any manner that would interfere with any other party’s use of the Website.

Means of Access. Certain parts of the Website are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by Marquart Capital for your specific use.
Registration Information. If you register for a password to access the non-public areas of the Website, you agree to provide accurate, true, current and complete information about you and/or your business as requested by the registration screens. As a convenience to you, a profile for you and/or your business may be created based on the registration information you provide. This profile and any registration information you provide will be protected as described in our Privacy Policy.

Password Security and Notification. If you have a password for access to non-public areas of the Website, you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password, including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. Marquart Capital will not be under any duty to inquire as to the authority or propriety of any instructions given to Marquart Capital by you or by your agent using your password, and Marquart Capital will be entitled to act upon any such instructions. Marquart Capital will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user, you accept full responsibility for the monitoring of your account, including frequently checking your account information, reviewing your transaction history online and promptly reviewing any correspondence, account statements and confirmations received from Marquart Capital. It is your responsibility to notify Marquart Capital immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with Marquart Capital in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.

Information from Children. Marquart Capital does not direct its Website to children. Individuals under eighteen (18) should consult with their parent or guardian about the use of this Website prior to use.

Monitoring, Enforcement and Legal Requests. Marquart Capital has no obligation to monitor the Website or the use of the Website, or to retain the content of any user session, although Marquart Capital may monitor or retain such information as it deems necessary. We may use IP addresses to identify a user when we feel it is necessary to protect our service, Website, customers, or others.

Change of Ownership or Control. If Marquart Capital becomes owned or controlled by other individuals or entities, the information we have collected may be transferred to such party or parties. In such instance, the transferee individuals or entities will follow this Terms of Use.

No Offer or Advice. This Website is for general, informational purposes only and does not constitute an offer or solicitation of offers for any interest in any investment vehicle managed or advised by Marquart Capital. The investment vehicles managed by Marquart Capital are not open to the public. The information contained in this Website should not be used or relied upon in connection with the purchase or sale of any security. Further, the information contained herein is not investment advice. Any specific properties listed or discussed do not represent all properties purchased, sold or developed by Marquart Capital or its affiliates since inception. One should not assume that all investments in the properties identified are or will be profitable.

DISCLAIMER OF WARRANTIES. MARQUART CAPITAL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE,” AND MARQUART CAPITAL DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM VIRUSES.

YOU ACKNOWLEDGE THAT NEITHER MARQUART CAPITAL, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. MARQUART CAPITAL ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE MARQUART CAPITAL SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Marquart Capital SITES WILL MEET YOUR EXPECTATIONS. THIS PROVISION MAY NOT APPLY TO PARTICIPANTS IN CERTAIN EMPLOYER-SPONSORED WORKPLACE SAVINGS PLANS.

LIMITATION OF LIABILITY. MARQUART CAPITAL WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF Marquart Capital HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Marquart Capital WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH Marquart Capital DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

Modification. Marquart Capital reserves the right to modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking the link at the bottom of the Website. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Website. By continuing to access and use the Website after the date of any change to these Terms of Use, you agree to be bound by such Terms.

Marquart Capital also reserves the right to modify or terminate the Website or terminate your access to the Website, in whole or in part, at any time. These Terms of Use constitute a contract between you and Marquart Capital governed by the laws of Texas.

Indemnification. You agree to defend, indemnify, and hold harmless Marquart Capital, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorney’s fees, arising out of your violation of these Terms of Use or misuses of the Website, including such violation or misuses conducted by your employee or agent, if applicable.

If you have any questions about these Terms of Use, please contact Marquart Capital by phone at (212 ) 335-0041.