Your access to the Discrete Capital website is subject to the terms, conditions and disclaimers appearing on the website ("Terms of Use"), and all applicable laws. By accessing, browsing and/or using the website, you accept, without limitation or qualification, the Terms of Use.

 

Minimum Age: You must be at least 18 years of age to become a user of the Discrete Capital website. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, the contract created by these Terms of Use.

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Terms of Use Coverage: By using the website, you agree to be bound by the Terms of Use, whether you are a "visitor" (which means that you simply browse the website) or you are a "registered user" (which means that you have registered with Discrete Capital, LLC.). Each time you use the website, the current version of the Terms of Use will apply. Please review carefully all of the website's Terms of Use before accessing the website. By accessing the content contained on the Website, you consent to your agreement to these Terms of Use.

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• Registration

When you register, you agree and understand that you are responsible for maintaining the confidentiality of your password which, along with your email address, allows you to access certain portions of the website. Your password, e-mail address, and any other contact information you provide, form your User Registration status with Discrete Capital. By providing Discrete Capital with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that email address, as appropriate. If you become aware of any unauthorized use of your User Registration, please notify Discrete Capital.

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• Available Content

By accessing or using the website in any way, you agree to comply with all applicable rules and regulations, governing laws, and any in-house restrictions defined in this and other applicable agreements, disclosures, and documents. You agree that you will not, and will not permit anyone else to: (a) store, copy, modify, or resell any of the information or compile or collect any information as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the website or store, copy, modify, distribute, or resell any information; (c) rent, lease, or sub-license your access to the website to another person; (d) use, copy or otherwise exploit the Website or any related concepts, content or information for any purpose except for your own personal, non-commercial use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Website; (f) use the Website in a manner that threatens its integrity, performance, or availability; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website or information.

 

You agree to view the content posted on the Website for informational purposes only. No part of this content may be copied, repurposed or otherwise exploited in any form or for any other purpose without the prior written consent of Discrete Capital. None on of the information posted on the website should be considered an offer to buy or sell any securities that may be referenced, or considered a recommendation for pursuing any investment strategy. Certain investments give rise to substantial risk and are not suitable for all investors any decisions. Nothing on this website should be considered investment, tax or legal advice. You should consult your attorney or tax advisor regarding your specific legal or tax situation and the impact of any actions you decide to take. The information contained on the Discrete Capital Website is subject to change without prior notice.

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• Information Subject to Limitations

The content available on the Discrete Capital website is made available for informational purposes only, but in all instances may not be timely or complete, and should not solely be relied upon for making any decisions. Information such as stock prices, are not real-time and any performance results cannot be relied to match returns an investor could expect to achieve. Share prices used to value individual positions, or contribute to other performance information, may not be timely and may not consider certain activities such as corporate actions, fees and commissions. Discrete Capital relies on third-party data providers for content and information, which we believe to be reliable, however, cannot guarantee the accuracy, completeness and correctness of the data received from those sources of information.

Discrete Capital also makes available links from its website as a convenience to users with the intention of allowing for users to access additional investment-related information. However, you agree to access any sites through those hyperlinks at your own risk, following any rules and restrictions particular to those websites. Discrete Capital may not be held responsible for the content appearing third party websites hyperlinked from its website, nor can Discrete Capital make any endorsements or warranties, express or implied, with respect to the content of third party websites, or the products or services offered on any third party websites, including but not limited to accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose. Discrete Capital cannot guarantee the authenticity of documents available on the Internet and reserves the right to terminate any link at any time.

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• No Warranties

THE WEBSITE AND THE INFORMATION CONTAINED ON THE WEBSITE OR ACCESSED THROUGH THE WEBSITE ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DISCRETE CAPITAL AND PARTICIPANTS ASSUME NO OBLIGATION, AND DISCLAIMS ANY DUTY, TO UPDATE THE INFORMATION.

DISCRETE CAPITAL MAKES NO WARRANTIES REGARDING THE TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY OR ADEQUACY OF THE INFORMATION, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS CONTAINED ON THE WEBSITE. DISCRETE CAPITAL DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE, THAT THE WEBSITE WILL CALCULATE MATHEMATICAL AND/OR FINANCIAL CALCULATIONS CORRECTLY, THAT THE WEBSITE WILL OPERATE FREE OF "BLACK OUT" PERIODS. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE WEBSITE REMAINS WITH YOU.

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• Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DISCRETE CAPITAL BE LIABLE FOR ANY DAMAGES INCURRED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE OR THE INFORMATION. WITHOUT LIMITATION, DISCRETE CAPITAL SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION, COSTS ASSOCIATED WITH LOST DATA, OR LOSSES ATTRIBUTED TO THE INABILITY TO USE THE WEBSITE).

THE INFORMATION AVAILABLE OR OBTAINED THROUGH THE WEBSITE MAY BE SUBJECT TO ADDITIONAL DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THE DISCRETE CAPITAL WEBSITE AND OTHER DOCUMENTS AND CONTENT, WHICH YOU MUST ABIDE BY AS STATED THEREIN.

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• Indemnification of Discrete Capital

You agree to indemnify, defend, and hold Discrete Capital harmless from and against any and all claims, actions, liabilities, losses, costs, damages or suits (including, but not limited to, attorneys' fees) caused by or arising from your improper use of the website, information provided to Discrete Capital by you, your violation of any Terms and Agreements, or your or any user of your account's infringement of any intellectual property or other rights of any person or entity.

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• Termination

Discrete Capital reserves the right to, and may, terminate or temporarily suspend your access to all or any part of the Website, without notice, for conduct that Discrete Capital believes violates these Terms of Use or any of its policies or guidelines, or for any other reason in its sole discretion.

Further, if Discrete Capital believes, in its sole discretion, that a violation of these Terms of Use has occurred, Discrete Capital may take any other corrective action deemed appropriate. Discrete Capital reserves the right to investigate suspected violations of these Terms of Use, including, without limitation, any violation arising from any User Information. Discrete Capital may seek to gather information from a user who is suspected of violating these Terms of Use (or from any other user) and you agree to provide Discrete Capital with such information. You understand Discrete Capital will fully cooperate with any law enforcement authorities or court order requesting or directing Discrete Capital to disclose the identity of anyone posting, publishing, or otherwise making available any User Information, emails, or other materials that are believed to violate these Terms of Use. You may request termination of your user account at any time and for any reason by notifying Discrete Capital.

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• General

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign these Terms (by operation of law or otherwise) without the prior written consent of Discrete Capital, and any prohibited assignment will be null and void. Discrete Capital may assign Terms of Use or any rights hereunder without your consent. These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. You agree that the state and federal courts located within the City and County of San Francisco, California shall have personal and exclusive jurisdiction with respect to any dispute arising in connection with the Terms of Use, the service or any content, and you hereby irrevocably waive any objection to venue or personal jurisdiction therein.