Last Updated: June 2023
By accessing the website (the “Site”) of Universa Investments L.P. (“Universa”), you accept and agree to comply with the following Terms of Use pertaining to the Site, which constitutes a binding legal agreement between you and Universa. These Terms of Use govern your access and use of the Site, which includes any information, services and other content (together, “Content”) available on or through the Site. You may contact Universa at contact@universa.net with questions about these Terms of Use.
By visiting the Site, you acknowledge and agree to these Terms of Use, our Privacy Policy and our Important Disclosures, which may be updated by us at any time. Updates to the Terms of Use will be posted here. Any such changes will be effective upon posting. You should consult the “Terms of Use” link on this Site each time you visit the Site. If you do not agree with it, you should not use the Site.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOU ALSO AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS THE SITE, AND YOU AGREE NOT TO ACCESS THE SITE.
The Site is for your personal and non-commercial use. Universa grants you a non-exclusive, non-transferable, revocable and limited personal license to access and use the Site, conditioned on your continued compliance with these Terms of Use. At any time and for any reason Universa may revoke your right to use all or any portion of the Site. You may not modify, copy (except as set forth below), distribute, transmit, display, perform, reproduce, publish, frame, license, create derivative works from, transfer, sell or commercially exploit all or any part of the Site or any information, products or services obtained from the Site. If you link other websites to this Site, you may not imply or suggest that Universa has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. You may print one hardcopy of the information and download one temporary copy of the information into one single computer’s memory solely for your own personal, non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices are kept intact. You are prohibited from using the Site to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission of Universa. You may not take any action that imposes, or may impose, in our absolute discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures we may use to prevent or restrict access to the Site. Any rights not expressly granted herein are reserved.
The Site is protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by Universa, its affiliates and/or third parties. Your use of any Content, whether owned by Universa, or any third party, without the express written permission of Universa, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of Universa’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of Universa.
As a condition to your use of the Site, you represent and warrant to, and agree with, Universa that you will not use the Site for any purpose that is unlawful, prohibited by these Terms of Use or that otherwise inhibits anyone’s use or enjoyment of the Site. In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior.
Universa has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you, and we may at any time revoke your right to use all or a portion of this Site. Universa may investigate any complaint or suspected violation of these Terms of Use, and may report any activity relating to this Site to regulators, law enforcement officials or other persons or entities it deems appropriate.
This Site is operated and controlled by Universa in the United States, and the Content provided in or accessible through the Site is directed at residents of the United States. Despite the global nature of the Internet, Universa makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
• All or any portion of the Site may not be available and may not function properly at any time
• The Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. • Universa disclaims liability for any interception of data or communications
• Universa does not guarantee the security of the Site. • Universa is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site
• Universa is not liable for any defects, delays or errors in or resulting from your use of the Site
UNIVERSA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” UNIVERSA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING UNIVERSA’S GENERAL DISCLAIMER, UNIVERSA DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
UNIVERSA’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL UNIVERSA OR ANY OF ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE CONTROLLING PERSONS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (“COVERED PERSONS”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THIS USER AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE. UNIVERSA’S LIABILITY IS LIMITED EVEN IF UNIVERSA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES 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
YOU WILL BE RESPONSIBLE FOR ANY LIABILITY TO UNIVERS THAT ARISES OUT OF YOUR BREACH OF THESE TERMS OF USE OR YOUR USE OF THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COVERED PERSONS AND THIRD PARTY SOURCES FROM AND AGAINST ANY AND ALL SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT ARISE FROM OR RELATE TO: (1) YOUR USE OF THE SITE, (2) YOUR BREACH OF THESE TERMS OF USE OR ANY REPRESENTATION, WARRANTY OR COVENANT MADE BY YOU IN THESE TERMS OF USE, (3) YOUR VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE, REGULATION OR OF ANY THIRD PARTY’S RIGHTS, OR (4) CLAIMS ASSERTED BY THIRD PARTIES WHICH, IF PROVEN, WOULD PLACE YOU IN BREACH OF REPRESENTATIONS, WARRANTIES, COVENANTS OR OTHER PROVISIONS CONTAINED IN THESE TERMS OF USE.
These Terms of Use are governed by the laws of the State of Florida, without regard to its choice of law provisions. Any dispute relating to these Terms of Use or your use of the Site shall be resolved solely in the state or federal courts located in the jurisdiction of Universa’s principle place of business. You agree to waive trial by jury in any such action.
YOU AND UNIVERSA AGREE THAT YOU AND UNIVERSA MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT WHERE DOING SO IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. FURTHER, YOU AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES AFFECTED BY SUCH PROCEEDINGS.
You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms of Use would cause irreparable injury, that money damages would be an inadequate remedy, and that Universa shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this section shall be construed as preventing Universa from pursuing any and all remedies available to it, including the recovery of money damages from you.
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 these Terms of Use shall remain in full force and effect.
These Terms of Use constitute the entire understanding, and supersedes all other understandings, between you and Universa concerning the subject matter hereof.