By accessing or using our website, located at www.elementcapital.com, (the “Site”), you hereby accept and agree to comply with the following terms and conditions (the “Terms and Conditions”) as a pre-condition to using the Site for any purpose whatsoever. Your use of the Site constitutes your acceptance of the Terms and Conditions and is a binding agreement between you and Element Capital Management LLC and its affiliates (“Element”). The Site is operated and controlled by Element Capital Management LLC in the United States. The Terms and Conditions govern your access and use of the Site, which includes any information, data, tools, products, services and other content (together, “Content”) available on or through the Site. When using certain of our services, such as our investor portal (discussed below in paragraph 8, “Your Account”), you may be presented with a service specific terms and conditions agreement (“Service Specific Terms”). To the extent these Terms and Conditions conflict with the Service Specific Terms, the Service Specific Terms shall control.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. EACH TIME YOU ACCESS OR USE THE SITE, SUCH ACCESS OR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS IN ITS THEN CURRENT FORM, INCLUDING ANY MODIFICATIONS POSTED. PLEASE NOTE PARAGRAPH 14 CONTAINS INFORMATION ABOUT A DISCLAIMER AND LIABILITY LIMITS; PARAGRAPH 17 INCLUDES A CHOICE OF LAW; AND PARAGRAPH 18 CONTAINS A CONSENT TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, DO NOT USE THE SITE.
General Terms
License. Element grants you a limited, revocable, non-transferrable, non-exclusive license to display and otherwise access and/or use the Site, including any Content, solely for your own private, non-commercial informational purposes, and to print pages from the Site only in connection with that access and/or use. Your access to the Site is granted on the basis of your acceptance of and agreement to abide by these Terms and Conditions in their 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 agree not to interfere with the operation of the Site, violate or attempt to violate the security of the Site or to use the Site for any fraudulent, harmful or illegal purposes. Except as otherwise specifically permitted herein, nothing contained in these Terms and Conditions or the Site either grants or will be construed to grant to you or any third-party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of Element or any of its affiliates.
Representations and Warranties. You represent and warrant that: (i) your acceptance of and adherence to these Terms and Conditions will not violate any agreement or other obligation by which you are bound; (ii) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms and Conditions; (iii) you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms and Conditions; (iv) you will not delete or modify any Content on the Site; (v) you will comply with all applicable laws, rules and regulations in using any aspect of the Site or otherwise performing your obligations and exercising your rights under these Terms and Conditions; and (vi) any information you have given to Element, its affiliates, agents and any other person or entity in connection with your access to and use of the Site (including, without limitation, broker-dealers) about yourself is complete, true and accurate.
Restrictions on Use.
You agree not to use the Site for any illegal purpose or in any manner inconsistent with these Terms and Conditions.
You agree to use the Site solely for your own personal purposes, and not for resale or external distribution. If you intend to use the Site in any other way, please contact Element at info@elementcapital.com to discuss your business requirements.
You agree not to use any information contained in the Site in any manner that could compete with the business of Element.
You agree not to: (i) decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site; (ii) publish, broadcast, retransmit, reproduce, duplicate, copy, modify, repackage, frame, mirror, commercially exploit, create any derivative of, redistribute or otherwise exploit all or any portion of the Site except as explicitly permitted in these Terms and Conditions; (iii) remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site; or (iv) retrieve, index, scrape, harvest, data mine or otherwise systematically gather or store Content.
You agree not to modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and/or other source-identifying symbols, designs, icons, images or other information, software or code obtained from the Site.
You agree not to re-circulate, redistribute or publish (i) any analysis, presentation, or reports (including, without limitation, analysis, presentations or reports generated in relation to an investment in a collective investment vehicle (a “Fund”) or a portfolio of Funds) included in the Site or generated through use of the Site or (ii) any offering documents, marketing materials or other documents related to the Funds, in each case, without Element’s prior written consent.
You agree not to offer any part of the Site for sale or distribute it over any medium, including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the Internet, without the prior written consent of Element.
You agree not to (i) construct a database of any kind from the Site and the information contained therein, or (ii) to store the Site (in its entirety or in any part) in databases for access or distribution by you or any third-party.
You agree not to use the Site or the Content in any way to improve the quality of any data sold or contributed by you to any third-party.
You agree not to spam or send unsolicited mailings to any individual or entity using the Site and agree not to use the Site or the information contained therein in unsolicited mailings or spam material.
You agree not to (i) upload or send any information via the Site that (a) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (b) is unlawful, defamatory, libelous, slanderous, offensive, obscene, pornographic, exploitative of a minor, violent, hateful, threatening, abusive, misleading, deceptive, anti-religious or racially, ethnically or otherwise objectionable; (c) contains or embodies a virus, worm, Trojan Horse or other contaminating or destructive feature; or (d) otherwise violates any applicable treaty, law or regulation; or (ii) upload or send any commercial, promotional or solicitation information.
Intellectual Property. You acknowledge that the Site is protected by one or more copyrights, patents, database rights, trademarks, service marks, trade dress, trade secrets and/or other intellectual property and proprietary rights that are owned by Element and/or third-parties. All text and graphics, and the combination thereof, appearing on the Site are copyrighted works that are protected under the copyright laws of the U.S. and other countries and under various international treaties. You agree to abide by all applicable copyright and other laws in regard to the Contents of the Site. “ELEMENT” and other names and logos or other indicia of Element and its products and/or services are exclusive trademarks and service marks of Element, and are registered in various jurisdictions. Other product and company names appearing on the Site may be trademarks of their respective owners. Element expressly reserves all intellectual property rights in the Site, including all text, programs, products, processes, technology, Content and other material which appear on the Site now or in the future, unless stated otherwise. Your access to or use of the Site does not confer and will not be considered as conferring upon you any license under any of Element’s or any third-party’s intellectual property rights.
No Advice or Offer of Securities. You acknowledge that all Content is for informational purposes only. Although the Site may include investment-related information, you acknowledge that 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. You acknowledge that nothing on the Site is an offer or solicitation to buy or sell any security or to make or hold any investment. We make no representations that any information provided via the Site is accurate, current, reliable or complete. You are solely responsible for evaluating the risks and merits regarding the use of the Site and any services provided herein. You acknowledge that nothing on the Site is intended to be, and acknowledge that you should not consider anything on the Site to be, investment, accounting, tax, legal or other professional advice. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or legal advisors regarding your individual circumstances and needs.
Past Performance. Password-protected portions of the Site may contain performance information for the Funds sponsored or managed by Element. YOU ACKNOWLEDGE THAT THE PAST PERFORMANCE OF ANY FUND IS NOT INDICATIVE OF FUTURE PERFORMANCE; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Forward-Looking Statements. The Site may contain “forward-looking statements” that are based on subjective beliefs, assumptions, current expectations, estimates and projections about investments, the financial industry or the economy. These “forward-looking statements” can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “target,” “project,” “estimate,” “intend,” “continue,” or “believe” or the negatives thereof or other variations thereon or comparable terminology. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. We undertake no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise.
Dated Content speaks only as of the date indicated. While we make reasonable efforts to provide accurate information, we undertake no obligation to update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate, whether as a result of new information, future developments or otherwise. While we believe that the information on the Site is reliable, we do not warrant its completeness, timeliness or accuracy.
Your Account. The Site contains a login portal to a password-protected investor portal (available online at https://services.intralinks.com/login/) operated by a third-party service provider on our behalf. The investor portal may be accessed only by users who have been approved for an account by Element, its agents or the third-party who maintains the investor portal. Such accounts will only be issued to authorized investors in a Fund sponsored or managed by Element, or to certain eligible prospective investors, each of whom represents and warrants as follows: you are, or the company or organization on whose behalf you will be accessing the investor portal, as applicable, is: an "accredited investor" within the meaning of the U.S. Securities Act of 1933, as amended; a "qualified client" within the meaning of the U.S. Investment Advisers Act of 1940, as amended; a "qualified eligible person" within the meaning of the U.S. Commodity Exchange Act, as amended; and a "qualified purchaser" within the meaning of the rules promulgated under the U.S. Investment Company Act of 1940, as amended. You agree to immediately contact Element if there is any change in your eligibility status. Element may disable any password in its sole discretion and without notice.
If you are a user of the investor portal, you agree to treat any Content within the password-protected investor portal as secret and confidential. You acknowledge that you are solely responsible for maintaining the confidentiality and security of your password. You agree not to disclose your password to any third-party and you accept full responsibility for any use of your password. You agree to notify Element immediately of any actual or suspected loss, theft, unauthorized use of your password or other suspected breach of security. You acknowledge that you are fully responsible for securing all facilities, products and equipment that might allow access to the Site and all usage and activity that occur through the use of your password or account, whether or not such use is authorized by you. Further, you agree not to share your login information with any third-party and agree that you are solely responsible for any and all activity that takes place under your login information. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password and 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.
Investigation and Monitoring. Element may investigate, monitor and record activity on the Site and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to: unauthorized access to the Site through a third-party application, robot, spider, automated device or data mining or extraction tool or other unauthorized means; interference with the Site; complaint; or reported violation of our policies or any law or regulation; or action that imposes an unreasonable load on the Site. 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. Element’s decision not to pursue legal action shall not be construed as a waiver of these Terms and Conditions or Element’s legal rights.
Confidentiality of Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. While Element has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, you acknowledge that you are solely responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You agree to assume the sole and complete risk for using the Site and agree to make your own determination as to these matters. By accessing or using the Site, you are deemed to have received and acknowledged our Web Fraud and Phishing notice.
Third-Party Websites. Element does not monitor the content of and is not responsible for any third-party website, unless otherwise expressly stated in the terms and conditions of the third-party website. Except as otherwise expressly stated by us in these Terms and Condition or on the Site, we are not affiliated or associated with the operators of any third-party websites or other resources that link to or are linked from the Site. Links from the Site to third-party websites do not imply any endorsement, recommendation or approval by the third-party of Element or the Site or of the link; nor do they imply any endorsement by Element of the third-party website, related information, products or services or of the link. We make no representations or warranties as to the security of any information that you may provide or be requested to provide to any third-party.
YOU AGREE THAT YOUR ACCESS TO OR USE OF THIRD-PARTY WEBSITES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, LINKS OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH THIRD-PARTY WEBSITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD-PARTY WEBSITES.
Site Availability. All or any portion of the Site may not be available and may not function properly at any time. Element makes 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. You agree that Element is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site or any defects, delays or errors in or resulting from your use of the Site.
Privacy Policy. Your privacy is important to us. All personal information that we gather from or about you on or in relation to your use of the Site will be governed by our Privacy Policy, which you are deemed to have received and accepted.
Disclaimer and Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, INCLUDING ALL CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEMENT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE AVAILABILITY, OPERATION AND USE OF THE SITE AND ANY INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, ELEMENT DOES NOT WARRANT THE AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF THE SITE OR THE CONTENT. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, AVAILABILITY OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. ELEMENT DOES NOT WARRANT THAT THE SITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SITE OR DATA, INFORMATION OR SERVICES PROVIDED VIA THE SITE, INCLUDING BY ELEMENT’S SERVICE PROVIDERS, OR ANY E-MAIL SENT BY ELEMENT OR ITS REPRESENTATIVES, WILL BE SECURE, OR FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES," OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED COMPONENTS, AND IS NOT LIABLE FOR ANY DAMAGE OR LOSS YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELEMENT OR ITS EMPLOYEES, AGENTS, ACTIVE PARTNERS, MEMBERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THESE TERMS AND CONDITIONS, THE SITE, THE CONTENT, THE INABILITY TO USE THE SITE, OR TRANSACTIONS ENTERED INTO THROUGH THE SITE, UNDER ANY THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OPPORTUNITIES, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD-PARTIES, EVEN IF ELEMENT 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.
Indemnification. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Element and its employees, agents, active partners, members and directors, the other users, and any other third-party contributors to the Site, and their affiliates, suppliers, service providers, agents, representatives, successors, and assigns, and the respective members, officers, or employees thereof, from and against any and all claims, damages, liabilities, actions, causes of action, suits, demands, losses, costs, and expenses (including reasonable attorney's and expert's fees) that arise from or relate to (a) your access to, use of, or activities in connection with, the Site; or (b) any violation or alleged violation of these Terms and Conditions by you, in each case unless caused by the misrepresentation, gross negligence, willful misconduct or fraud of Element or its employees, agents, active partners, members or directors.
Termination. These Terms and Conditions are effective unless and until terminated by either you or Element. You may terminate these Terms and Conditions at any time by providing notification to Element in writing of such termination and discontinuing any further use of the Site. We also may terminate these Terms and Conditions, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site.
Governing Law. You agree that any dispute arising out of or relating to your use of the Site or relating to these Terms and Conditions shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law thereof.
Dispute Resolution. Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Element agree that Element intends that this section satisfies the “writing” requirement of the Federal Arbitration Act.
You can obtain the AAA procedures, rules and fee information as follows:
AAA: +1 800 778 7879
In arbitration, as with a court, the arbitrator must honor the terms of these Terms and Conditions and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The parties agree that the arbitration shall be confidential. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.
In the event of any dispute or disagreement between the parties, or claim or question by a party, arising from or relating to these Terms and Conditions or the breach hereof (collectively, a “Dispute”), the parties shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of 60 days then, upon notice by either party to the other, such Dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Consumer Arbitration Rules. YOU AND ELEMENT AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS AND CONDITIONS DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Once the Dispute is submitted to the AAA for arbitration and each party pays the appropriate filing fees, the parties agree to equally share all costs of AAA arbitration, including Arbitrator fees and expenses. The parties will remain individually responsible for their own attorney costs or other non-AAA required costs. If an in-person arbitration hearing is required, then it will be conducted at the American Arbitration Association’s office in New York County, New York.
The arbitration will be heard and determined by a single neutral arbitrator selected by the AAA who is a retired judge or a lawyer with not less than 15 years of experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Consumer Arbitration Rules. The arbitrator will apply applicable law and the provisions of these Terms and Conditions and will determine any Dispute according to the applicable law and facts based upon the record and no other basis. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute and must provide a statement of the essential findings and conclusions on which the decision and award (if any) is based. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN PARAGRAPH 21 OF THESE TERMS AND CONDITIONS) WITHIN 1 YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO BY EMAILING INFO@ELEMENTCAPITAL.COM WITHIN 60 DAYS OF YOUR FIRST VISIT TO THE SITE. OPTING OUT OF THIS AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENT(S) THAT YOU MAY HAVE WITH ELEMENT. IF THIS AGREEMENT TO ARBITRATE BECOMES BINDING, YOU CANNOT CHANGE, MODIFY OR REVOKE IT (INCLUDING BY ATTEMPTING TO OPT OUT IN CONNECTION WITH ANY CONFIRMATION OF THE THESE TERMS AND CONDITIONS, AS AMENDED FROM TIME TO TIME) WITHOUT AN AGREEMENT IN WRITING SIGNED BY ELEMENT. IN THE EVENT THAT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH THIS SECTION, YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK, WITH RESPECT TO ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE OR RELATING TO THESE TERMS AND CONDITIONS AND WAIVE ANY OBJECTION TO THE PROPRIETY OR CONVENIENCE OF VENUE IN SUCH COURTS AND EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY SUCH SUIT.
Children and Minors. If you are under 18 years of age, you may not access or use the Site without the consent and supervision of your parent(s) or guardian(s). By accessing or using the Site, you represent and warrant that you are 18 years of age or older, or otherwise that your parent(s) or guardian(s) have consented to and supervised your access and use.
Miscellaneous. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. You may not assign or otherwise transfer this agreement or any of your rights or obligations hereunder. The failure of Element to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a portion of these Terms and Conditions is determined to be unlawful, void or unenforceable, it will not affect the enforceability of the remaining provisions and the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or unenforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. The following provisions survive the expiration or termination of these Terms and Conditions: Intellectual Property; No Advice or Offer of Securities; Forward-Looking Statements; No Offer of Employment; Risks in relying on the Content; Technological problems with the site; Disclaimer of Warranty; Limitation of Liability; Indemnification; Governing Law; and Miscellaneous.
How to Contact Us. If you have any questions or comments about these Terms and Conditions, you may contact us in the following ways:
520 Madison Avenue, 43PH
New York, NY 10022
Attention: General Counsel
Telephone: +1 212 993 7000
E-mail: info@elementcapital.com