TERMS AND CONDITIONS
This Site is owned and operated by VCM and we may change, discontinue, or restrict the use and availability of any portion of this Site at any time, without notice or liability. By using this Site, you consent to having VCM and its affiliates monitor your use for our own internal business purposes, without liability.
This Site is presented for informational purposes only. The information provided may not be reproduced or otherwise disseminated in whole or in part without our prior written consent. Neither the information nor any opinion contained in this Site constitutes a solicitation or offer by VCM or its affiliates to buy or sell any securities or security derivative products of any kind or provide any investment advice or service. The information on this Site is not intended to be used as the primary basis of investment decisions. This Site does not provide specific investment advice to any individual viewing the content of the Site and does not represent that the securities or services described herein are suitable for any specific investor. Investors are advised not to rely on any information contained in this Site in the process of making a fully informed investment decision. Please note that investment involves risk, and that past performance does not guarantee future results.
The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject VCM or its affiliates to any registration requirement within such jurisdiction or country. Anyone reading this material should be aware that any rules and/or regulations applicable to the provision of financial services (and the resultant investor protection benefits that may be available), may not be applicable to interfacing conducted through the internet medium and its various applications, of which this material forms part.
Restrictions on use and limited license to use
You are not authorized to do any of the things with respect to this Site or the information on this Site described below (unless VCM or its affiliates has a separate written agreement with you permitting you to take any of the following actions).
With respect to any information, content, software, products, services, or other materials on, generated by or obtained from this Site, whether through links or otherwise (referred to collectively as “Materials”), you may not distribute, forward, transmit, post, display, reproduce, redeliver in any manner, modify, copy, screen capture, perform, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, and software without our express written consent.
You may not take any actions, individually or together with others, that could or is intended to block, slow, overwhelm, damage, or disable this Site or any of its functionality, any materials or services provided through this Site, or any systems, networks, servers, or accounts related to this Site.
You may not take any action to test or observe any vulnerability of the Materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this Site through any means, including, without limitation, by circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this Site.
Without our permission by separate written agreement, you may not copy, remove, hide or display VCM’s or its affiliates’ name, logo, trademarks, text, notices, or images.
You may not use the names “Vukota Capital” or “VCM” or any variation thereof, or any trademark of VCM or its affiliates, or use the names of any of our officers, employees or directors, or any variation of any of such names in any way that creates an impression of affiliation, sponsorship, or endorsement by VCM or its affiliates.
Limitations on linking to this Site
You may not post, embed or otherwise link to this Site in any medium without our prior written consent.
User content and license grant
You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, e-mail, transmit, or otherwise make available via the Site (“User Content”). By submitting, uploading, posting, e-mailing, or transmitting User Content to the Site, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express written permission from the owner to copy and use such User Content for all purposes related to the Site, and you agree not to create, post, upload or otherwise provide any illegal or harmful material to the Site. We are not responsible for the User Content uploaded via the Site and we may take down or delete any information User Content for any reason or no reason. We do not guarantee the accuracy, quality, or appropriateness of any User Content.
You grant VCM and its members, affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable, and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in our sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. VCM shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of use that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.
Access to Your Account
Certain parts of this Site may be protected by passwords or require a login, and which provide you with access to information about your investments with VCM or other matters. To improve security and for authentication purposes, we may require you to answer designated security questions. You agree to provide us with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use this Site to access only those accounts on which you are authorized to act, and you agree to use only your own usernames, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on this Site, or to any other protected Materials or information.
Products and services provided to you through this Site may involve the electronic transmission, including via any e-mail address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials, and you consent to such transmission.
VCM reserves the right to revoke your access to this site at any time for any reason without prior notice.
Copyright policy, notice, and claim information
All Materials on this Site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by VCM or its affiliates and its third-party information providers, and are protected by United States and international intellectual property laws.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, VCM designates an agent as described below to receive notifications of claimed copyright infringement by mail: Lloyd Raskina, Chief Financial Officer, Vukota Capital Management Inc., 5251 DTC Parkway, Suite 1001, Greenwood Village, CO 80111.
All trademarks, service marks, and logos appearing on this Site are the exclusive property of their respective owners.
We may from time to time include Materials on this Site that are provided by third parties who we believe are reliable sources. We do not guarantee, and we have no liability to you with respect to, their accuracy, timeliness, completeness, or suitability for use. We do not endorse the content, advertising, or recommend the products, or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. The fact that we have provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by us with respect to such website, its owners, providers, or services. You agree to use any such third-party content at your own risk and that we are not liable for any loss or damage that you may suffer by using third-party websites or any content, advertising, products, or other materials in connection therewith.
Timeliness of content
Materials on this Site are 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 you are receiving the most recent data.
No warranty and disclaimer of liability
You expressly understand and agree that:
Your use of this Site is provided on an “as is” and “as available” basis. To the full extent permitted under applicable law, VCM and its members, affiliates, subsidiaries, directors, officers, employees, agents licensors, and any third-party information providers and vendors expressly disclaim all warranties, whether express or implied, including without limitation, any implied warranties of title, merchantability, non-infringement, and fitness for particular purpose, and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability, with respect to the Site, any materials, products, or services available on or through the Site, use of the Site, materials, products, or services, and the results of the Site, materials, products, or services.
Further, VCM and its members, affiliates, subsidiaries, directors, officers, employees, agents licensors, and any third-party information providers and vendors, expressly disclaim all warranties with respect to any delays or errors in the transmission or delivery of any materials, products, or services available through this Site.
Except as provided by law, none of VCM, its members, affiliates, subsidiaries, directors, officers, employees, agents licensors, and vendors nor any of our third-party information providers and vendors has any responsibility to maintain the materials, products, or services offered on the Site or to supply corrections, updates, or releases for the same.
To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. This warranty gives you specific legal rights and you may have other rights which vary from jurisdiction to jurisdiction.
Liability and indemnity
You assume all risks, including risk of damage to any computer system or other equipment, or loss of data, from any materials downloaded or otherwise obtained through this Site.
None of VCM, its members, affiliates, subsidiaries, directors, officers, employees, agents licensors, and any third-party information providers and vendors will be viable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, income, goodwill, use, data, or other intangible losses, or damages, including those caused by theft, unauthorized access, systems failure, or communications line failure, or the cost of procuring substitute goods or services, caused by the use of or inability to use the Site, materials or any products or services provided herein, or any other matter relating to this Site, even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. To the extent that a jurisdiction does not permit the exclusion or limitation of liability as set forth herein, the liability of VCM and its members, affiliates, subsidiaries, directors, officers, employees, agents licensors, and any third-party information providers and vendors is limited to the maximum extent permitted by law in such jurisdiction.
Integration and severability
Applicable law and venue