Effective Date: September 2020
Website and Content. Turtle Creek Asset Management Inc. (“Turtle Creek”) is an independent investment management firm focused on long term capital growth for a clientele of high net worth individuals, families and institutions. Turtle Creek’s products and services may not be appropriate for other types of prospective clients. We may change or disable the Website, Content and any other materials or information on the Website at any time in our sole discretion without any liability to you.
THE INFORMATION AND CONTENT ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT ANY REPRESENTATION AS TO THE RELIABLILTY, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SUCH INFORMATION AND CONTENT. IF YOU RELY ON SUCH INFORMATION OR CONTENT, YOU DO SO STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION AND/OR CONTENT BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. NOTHING CONTAINED ON THIS WEBSITE CONSTITUTES INVESTMENT, LEGAL, TAX OR OTHER ADVICE BY TURTLE CREEK NOR SHOULD ANYTHING ON THIS WEBSITE (INCLUDING CONTENT) BE RELIED UPON IN MAKING AN INVESTMENT OR OTHER DECISION. YOU SHOULD CONSIDER OBTAINING RELEVANT AND SPECIFIC PROFESSIONAL ADVICE BEFORE MAKING ANY INVESTMENT DECISION.
NO PART OF THE WEBSITE AND/OR CONTENT IS INTENDED TO CONSTITUTE OR FORM ANY COMPONENT OF AN OFFER, OR SOLICITATION OF AN OFFER, TO MAKE ANY INVESTMENTS OR PURCHASE OR SELL ANY SECURITY. ANY SUCH OFFER OR SOLICITATION MAY ONLY BE MADE BY MEANS OF A CONFIDENTIAL OFFERING OR INFORMATION MEMORANDUM FOR A PARTICULAR SECURITY OR INVESTMENT. ACCESS TO INFORMATION REGARDING ANY SUCH INVESTMENTS OR SECURITIES IS LIMITED TO INVESTORS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS UNDER APPLICABLE SECURITIES LAWS.
Permitted Use. You agree you shall use the Website and the Content exclusively for your personal, non-commercial informational purposes. You agree to abide by any other posted limitations relating to use, reproduction or dissemination of the Website and/or Content. Any use of the Website s and/or Content in any way not expressly permitted by these Terms and Conditions is prohibited.
Access Interruptions. You understand that Turtle Creek cannot guarantee that access to the Website, and/or Content will be available at all times. Turtle Creek reserves right to suspend access to the Website and/or Content without prior notice for scheduled or unscheduled system repairs or upgrades. Further, access to the Website and/or Content may be limited or unavailable due to, among other things: market volatility, peak demand, systems upgrades, maintenance, hardware or software malfunction or failure, Internet service failure or unavailability, the actions of any governmental, judicial or regulatory body and/or other events commonly referred to as force majeure, i.e., “acts of God,” equipment failure, war, terrorism, strikes and acts of the common enemy and/or breakdown of communications. You agree that Turtle Creek will not be liable to you for any losses incurred by you (including, but not limited to, lost profits, trading losses and similar damages) resulting from such access limitations or unavailability and you hereby indemnify and hold Turtle Creek and its affiliates harmless from and against any and all losses arising out of, relating to or incurred as a result of access limitations or unavailability of the Website and/or Content.
External Sites. This Website may contain links to third-party Websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for such External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
Disclaimer of Warranties and Limitation of Liability: THE CONTENT AND THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Turtle Creek DOES NOT WARRANT THAT THE CONTENT OR THIS WEBSITE WILL BE FIT OR SUITABLE FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. TURTLE CREEK ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, THE FUNCTIONS, CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, WILL BE TIMELY OR ERROR-FREE, OR WILL CONTAIN NO VIRUSES OR OTHER HARMFUL COMPONENTS. TURTLE CREEK SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
IN NO EVENT WILL TURTLE CREEK, ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND/OR OFFICERS, DIRECTORS AND/OR EMPLOYEES OF ANY OF THE FOREGOING (COLLECTIVELY, THE “TURTLE CREEK PARTIES”) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR ANY OTHER TYPES OF LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE AND/OR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY LOST TIME, LOST MONEY, LOST PROFITS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, BUSINESS INTERRUPTION OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THIS WEBSITE. IN NO EVENT WILL ANY OF THE Turtle Creek PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT AND/OR THIS WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE TURTLE CREEK PARTIES FOR SUCH DAMAGES SHALL BE LIMITED TO THE LEAST LIABILITY PERMITTED BY LAW.