The following terms and conditions (these “Terms”) govern your access to and use of the Hedonova LLC (together with its affiliates, “Hedonova” or “we” or “us”) internet site located at www.hedonova.io and the subpages thereof, including the information, data, tools, software code, illustrations, graphics, other visuals, text, products, services and other content (collectively, the “Content”) available on or through that internet site or the subpages thereof (the web site, subpages, and Content collectively referred to as the “Website”).
By accessing the website you accept these terms in their entirety and you acknowledge and agree that you have read and agree to the terms and their provisions and that you have received a copy of these terms by viewing an internet page that contains a hyperlink to the another page where these terms are displayed, or by any other means.
The terms “you” or “your” refer to both you and any other person or entity on whose behalf you are accessing the Website, as the context requires. We reserve the right to change these Terms at any time by posting modifications on the Website without prior notice to you.
If you do not agree to these Terms or any change thereto, you may refrain from visiting or using the Website.
By visiting or using the Website, you agree to the Terms posted on the Website at that time
You acknowledge that: (a) we are a global investment management firm that only advises private investment funds that we have established and we do not provide investment advisory or similar services to any other clients; (b) under no circumstances should any information presented on the Website be used or construed as an offer, or solicitation of any offer, or other form of invitation or inducement to sell or buy any securities, funds, or other investments; it should also not be used to provide a forecast, research, or advice regarding investments, or a recommendation to buy, sell, or hold any security, fund, or other investment, or to pursue any investment style or strategy; (c) we do not give any advice or make any representations as to whether any investment, investment strategy, or whether it is available, appropriate, or suitable in all countries or other locations or for all investors; (d) we make reasonable efforts to provide accurate content on the Website, but it may not necessarily be updated or corrected even if it is inaccurate, outdated, or otherwise inappropriate; and (e) we may change all or any portion of the Website at any time without prior notice to you. You agree that we are not liable for any action or decision you make as a result of relying on any Content.
All content available on or through the website is for informational purposes only. The website's content is not intended to be, and should not be construed as, investment, 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 about your specific circumstances and needs.
The entire Website is protected by one or more U.S. and international copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights owned by Hedonova and/or third parties. This includes the the look and feel of the website, its design and organization, and the compilation of the Content (all of which, for the avoidance of doubt, are also included in the term the “Website”). Your use of the Website does not grant you ownership or rights to anything you may access there.
You may access and view the Content on the Website on your computer or another internet-compatible device. You may make limited copies of some excerpts of the Content on the Website for your personal and non-commercial use only. You may only discuss the information obtained from the Website with your financial advisors, accountants or attorneys, as well as others with whom you evaluate investment decisions.
You shall not modify, distribute, transmit, perform, reproduce, publish, license, exploit, create derivative works from, transfer or sell any of the Website or any Content accessed through the Website unless you have received the express written consent of Hedonova and the applicable rights holder. You may not decompile, disassemble or otherwise reverse-engineer all or any portion of the Website. You shall not remove any copyright, trademark, or other proprietary notice or legend that appears on (or is printed from) the Website.
The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Website or on Content available through the Website, including Hedonova, www.hedonova.com, and other indicia of Hedonova and its products and/or services, are registered and unregistered trademarks of ours and others and shall not be used in infringement of applicable rights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the prior express written consent of Hedonova and the applicable rights holder.
You are solely responsible for the security of your computer system, including using and maintaining appropriate anti-virus, firewall, and backup software. Hedonova disclaims any responsibility or liability for any problem with your computer systems, including any Malware (as defined below) that your computer systems receive as a result of your use of the Website. “Malware” means: (i) program code or programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise adversely affect or without authorization access or delete any computer program, information, data, file or operation; or (ii) other code typically described as being malware, a virus, a Trojan horse, a worm, a backdoor or the like.
We reserve the right to monitor and record activity on the Website for any or no reason. We may investigate any complaint or reported violation of our policies. We reserve the right to report any activity that we suspect may violate the laws or regulations to regulators, law enforcement officials, or other persons or entities that as we deem appropriate. We may issue warnings, suspend or terminate use of the Website, deny access to all or part of the Website or take any other action as we deem appropriate, without notice. We reserve the right to terminate, change, suspend, limit, or discontinue any aspect of the Website or the its services, or your access to or use thereof, at any time, and for any reason or no reason, without prior notice.
Nothing on the Website constitutes an offer or promise of employment with Hedonova with respect to employment position described on the Website. Without notice, we may eliminate, modify or change any aspects of any employment described on the Website. Any employment offer that may result from your submission of information to us shall be made solely in accordance with the specific terms of such employment offer, not anything on the Website. By submitting your personal information to apply for a position with us, you affirm that all information contained within your submission is accurate and that you have the right to provide us with any and all information.
You warrant and agree that, while accessing or using the Website, you shall not:
You agree not to link directly to any page, image, graphic, text, or other Content on the Website, such as using an “in-line” linking method, to cause any Content to be displayed on another web site, unless expressly permitted in writing by us. You agree not to download or use images, videos, or graphics hosted on this Website for any purpose, including posting such images on another website unless expressly permitted in writing by us. You agree not to link from any other website to this Website in such a way that the Website, or any page of the Website, is “framed,” surrounded, or obfuscated by any third-party content, materials, advertising, or branding. We may require that any link to the Website be discontinued, and/or revoke your right and ability to link to the Website from any website at any time.
If the Website contains links to a third party website or third-party websites linked to the Website ("Linked Sites"), such links do not constitute an endorsement or sponsorship by us of such sites or any of their contents, and we accept no responsibility for anything on Linked Sites. Any reliance on a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting from such use or reliance.
Disclaimer of warranties: the website and all content are provided “as is,” “as available”, with no express or implied warranty of any kind, including warranties of title, non-infringement, merchantability or fitness for a particular purpose, or warranties arising from a course of dealing or usage of trade and we hereby disclaim any and all such warranties. We, our funds, and our and their directors, officers, managers, advisors, employees, agents, contractors, suppliers, or licensors (all the foregoing collectively, the “protected persons”) make no representations or warranties that the website or its content will be timely, secure, uninterrupted, complete or error-free, or that defects or errors will be corrected. No results or information, whether oral or written, obtained from us or through the website or any content shall create any warranty that is not expressly stated herein. Hedonova and the other protected persons also assume no responsibility for, and shall not be liable for, any damages to, or malware that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website, or your downloading of any materials, data, text, images, video, audio or other content from the website.
Limitation of liability: To the fullest extent permitted by applicable law, in no event whatsoever shall we or any of the other protected persons be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages including lost business, sales, savings or profit (whether in contract, or tort, including negligence, strict liability or otherwise), in each case, arising from, or directly or indirectly related to, your access to or use of, or the inability to access or use, the website or any content, even if such protected person has been advised of the possibility of such damages. The laws of some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages so, to the extent mandated by such laws, some of the above limitations may not apply to certain users. The parties acknowledge that the limitations of liability set forth above are to survive and remain in effect even if any remedy fails to achieve its essential purpose.
You agree to indemnify, defend and hold harmless each of the Protected Persons 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: (a) your access to or use of the Website or any Content; (b) your breach of any provision of these Terms; (c) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights; or (d) any claim asserted by a third party which, if proven, would put you in breach of any representation, warranty, covenant or other provision of these Terms.
We control and operate the Website from our offices in the United States of America and any access or use of the Website will be deemed to be at our offices in the United States. We make no claims that the Website is appropriate or available for use in other locations. Individuals who choose to access the Website from other locations do so on their own initiative, and are responsible for complying with local laws and regulations, if and to the extent local laws or regulations are applicable. The Website is not directed to any person in any jurisdiction where the publication or availability of the Website is prohibited, due to that person’s nationality, residence, or otherwise. Persons subject to these restrictions must not access the Website.
If you have any questions about the Website, or if you would like to submit a complaint or other report to us, please contact us at: firstname.lastname@example.org.
These Terms shall be construed in accordance with the laws of the State of Delaware, without regard to its choice of law provisions.
You and Hedonova agree that any dispute that arises between the parties relating to any of the Websites or these Terms that cannot be resolved informally will be submitted to binding arbitration pursuant to the rules of the American Arbitration Association in the state of Delaware. Regarding the resolution of any dispute, you understand that:
By using the Website, you represent and warrant that you agree to abide by and that you are fully able and capable of complying with all of the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Your and our respective representations, warranties, obligations, rights, and remedies herein shall be deemed cumulative, and any party’s exercise of any one of its rights or remedies shall not preclude such party’s exercise of any other right or remedy then available to it (whether hereunder, another written, signed contract or at law or in equity). Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The Protected Persons are third-party beneficiaries of these Terms.
Nothing in these Terms, express or implied, is intended to or shall confer upon any other person other than you, us, or the Protected Persons any rights, benefits, or remedies of any nature whatsoever. Without limiting the generality of the foregoing, no provision herein shall be for the benefit of or enforceable by any of our or your creditors. You shall not assign these Terms or delegate any of your obligations under these Terms. Any purported assignment of these Terms in violation hereof is void.
The Terms constitute the entire understanding and supersede all other understandings, between you and Hedonova concerning the subject matter hereof. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
As used in these Terms, unless the context otherwise requires, (i) words in the singular number or in the plural number shall each include the singular number and the plural number, (ii) the use of any gender shall include all genders, (iii) “including” (and any of its derivative forms, e.g. “includes”) means including but not limited to, and (iv) “will”, “should”, “must” and “shall” are expressions of command, not merely expressions of future intent or expectation.
Updated May 2021