This web site, neoninvestment.com (the "Site"), is owned and operated by Neon Liberty Capital Management. By accessing or using the Site, you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and Neon Liberty Capital Management, and governs 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. You may contact Neon Liberty Capital Management by e-mail (email@example.com) or fax (212) 983-3273 with questions about the terms and conditions of this User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, DO NOT USE THE SITE.
Neon Liberty Capital Management grants you a limited right to use the Site
Your right to use the Site is subject to your agreement to abide by this User Agreement in its 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, Neon Liberty Capital Management may revoke your right to use all or any portion of the Site.
You may not violate or attempt to violate the security of the Site.
2. The Site and its Content are owned by Neon Liberty Capital Management, its affiliates and/or third parties.
The Site is protected by one or more copyrights, patents, database rights, trademarks, service-marks and/or other intellectual property and proprietary rights that are owned by Neon Liberty Capital Management, its affiliates and/or third parties.
Neon Liberty Capital Management, neoninvestment.com and other names and indicia of Neon Liberty Capital Management and its products and/or services are exclusive trademarks and service-marks or trademarks of Neon Liberty Capital Management. Other product and company names appearing on the Site may be trademarks of their respective owners.
You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
You may not publish, broadcast, re-transmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this User Agreement.
You may print copies of any accessible portion of the Site only for your own personal or internal use. You may discuss information that you learn from the Site with your financial, legal or tax advisers, and others with whom you share investment decisions.
You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
3. You make certain representations and warranties regarding your use of the Site.
You represent and warrant that:
You have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;
You have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement;
In connection with your use of the Site, you will not employ any virus or other computer programming routine or engine that is intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and
All information that you provide in connection with your use of the Site is true and complete.
4. You assume various risks in using the Site.
We make no guarantees, promises or assurances regarding the Site.
We do not assure you that the Site will lead to profitable investments, and you may lose money if you make investments based on the Site.
There are many market, currency, economic, political, business, technological and other risks that are beyond our control.
We make reasonable efforts to provide accurate Content on the Site. However, some Content and some of the assumptions, formulas, algorithms and other data that impact the Content may be inaccurate, outdated or otherwise inappropriate.
Some Content and some of the data used in the Content come from third parties. We believe that these third parties are reliable but we are not responsible for any third party information.
Dated Content speaks only as of the date indicated.
Any projections contained on the Site reflect the views of management only at the time originally made, and are subject to various risks, uncertainties and other factors that could cause materially different results. We do not intend to update projections.
We may change any portion of the Site at any time without notice to you.
We are not liable for any damage or loss to you resulting from these or any other risks.
5. You have various responsibilities when using the Site.
You alone are responsible for your use of the Site.
You must make your own independent investment decisions.
We are not involved in any dealings between you and any third party. You release Neon Liberty Capital Management and its affiliates, agents and employees and you agree to hold them harmless from any claims, demands, losses and damages (actual and consequential, direct and indirect and including but not limited to legal fees) of every kind and nature that may arise out of or in any way are connected with a dispute between you and any third party.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY ACTION YOU TAKE OR ANY DECISION YOU MAKE IN RELIANCE ON THE SITE.
6. We do not give investment recommendations or accounting, tax or legal advice on the Site.
All Content is for informational purposes only.
Nothing on the Site is an offer or a solicitation of an offer to buy or sell securities.
Although the Site includes information regarding specific securities and the investment process generally, you should not consider anything you find on the Site to be an individualized recommendation to buy, sell, hold or otherwise pursue or invest in any specific security, investment or investment style.
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.
Nothing on the Site is intended to be, and you should not consider anything on the Site to be, accounting, tax or legal advice.
If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs.
THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.
7. You must keep your password confidential.
You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party.
You accept full responsibility for any use or misuse of your password.
You must notify us immediately of any actual or suspected loss, theft or unauthorized use of your password.
We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We 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.
8. Neon Liberty Capital Management is not liable for any technological problems and any impact that they may have.
All or any portion of the Site may not be available and may not function properly at any time.
We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause problems such as viruses and other damaging computer programming routines or engines.
We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications.
We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
We are not liable for any defects, delays or errors in or resulting from your use of the Site.
9. Neon Liberty Capital Management is not responsible for any aspect of any third party web site.
If you access any third party web site through the Site or otherwise, you do so at your own risk.
When you access another web site through ours, you understand that it is independent from Neon Liberty Capital Management and that Neon Liberty Capital Management has no control over the Content on that web site.
Hyperlinks to or from the Site do not constitute third party endorsement, sponsorship or affiliation of, with or by Neon Liberty Capital Management.
Neon Liberty Capital Management is not responsible or liable for any aspect of any products, services or other Content appearing on or available through any third party web site.
10. Neon Liberty Capital Management has the right to monitor and record activity on the Site and respond as it deems appropriate.
We may monitor and record activity on the Site for any reason.
We may investigate any complaint or reported violation of our policies.
We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate.
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.
11. Neon Liberty Capital Management respects your privacy.
12. NEON LIBERTY CAPITAL MANAGEMENT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT THAT THE LAW ALLOWS IT TO DISCLAIM.
THE SITE, INCLUDING ALL CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE."
WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT INCLUDING WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR THE CONTENT.
13. NEON LIBERTY CAPITAL MANAGEMENT'S LIABILITY WITH RESPECT TO THE SITE AND THE CONTENT IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THIS USER AGREEMENT, THE SITE, THE CONTENT, THE INABILITY TO USE THE SITE, OR TRANSACTIONS ENTERED INTO THROUGH THE SITE.
OUR LIABILITY IS LIMITED EVEN IF WE HAVE 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, TORTUOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
14. You will be responsible for any liability to Neon Liberty Capital Management that arises out of your breach of this User Agreement or your use of the Site.
You agree to indemnify, defend and hold harmless Neon Liberty Capital Management and its affiliates, agents and employees from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including attorneys' fees) that arise from or relate to:
your use of the Site,
your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement,
your violation of any applicable law, statute, ordinance, regulation or of any third party's rights, or
claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement.
15. YOU AND NEON LIBERTY CAPITAL MANAGEMENT WILL SETTLE ANY DISAGREEMENTS BY ARBITRATION IN NEW YORK, NEW YORK UNDER THE SUBSTANTIVE PROVISIONS OF THE STATE OF NEW YORK LAW.
Regarding the resolution of any controversy, you understand that:
Arbitration is final and binding.
By agreeing to arbitration, you waive your right to resolve disputes in court, including the right to a jury trial.
The arbitrator's decision is not required to include factual findings or legal reasoning.
Your right to appeal or to seek to modify the arbitrator's rulings is strictly limited.
You and Neon Liberty Capital Management agree that any dispute that arises between us that we cannot resolve informally we will submit to binding arbitration pursuant to the rules of the American Arbitration Association.
You and Neon Liberty Capital Management agree that any arbitration shall be conducted in New York, New York
Any questions about the nature of our relationship or the law surrounding this relationship will be governed by State of New York law without giving effect to conflicts of law principles.
16. You will be bound by revised versions of this User Agreement that we post on the Site.
Modifications will be effective immediately upon posting unless we indicate otherwise.
Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site.
17. You are bound by certain other general conditions.
This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and Neon Liberty Capital Management concerning the subject matter hereof.
Certain sections of the Site may include additional terms and conditions that govern use of those sections. You will be bound by those additional terms and conditions, and they will be considered part of this User Agreement.
Neon Liberty Capital Management may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void.
If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the User Agreement shall remain in full force and effect.
If you have any questions or concerns about this Privacy Notice, please contact us at:
600 Third Avenue 26th Floor New York, New York 10016 Phone: (212) 983-1518