TERMS OF USE

By entering or accessing any part of this website (the "Site"), you accept and agree to follow the terms and conditions described in this user agreement (this "User Agreement") in full. This User Agreement is a binding agreement between Field Street Capital Management, LLC ("Field Street" or "we," "us," or "our") and you, and governs your access and use of the Site.

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ENTERING OR OTHERWISE ACCESSING ANY PART OF THE SITE. BY ENTERING OR OTHERWISING ACCESSING ANY PART OF THE SITE AT ANY TIME, YOU SHALL BE DEEMED TO HAVE FULLY ACCEPTED AND AGREED 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, PLEASE IMMEDIATELY CEASE USE OF THE SITE.

  1. Limited License to Use the Site

The Site is owned by and is the property of Field Street and its affiliates. 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 Field Street, its affiliates and/or third parties.

Field Street grants you a limited right to use the Site only for your own internal, private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. In certain instances, the ability to print or reproduce pages or materials from the Site may be limited or prohibited. You may not, nor will you, modify, distribute, transmit, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and any other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site, except as explicitly permitted herein. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Site or otherwise using any information contained in this Site for any purpose other than as explicitly permitted herein. Without limiting the foregoing, no information contained within this Site may be disclosed in whole or in part to the press or otherwise made available to third parties or the public in any manner.

Any data that you transmit to the Site (including without limitation personally identifiable information) becomes the property of Field Street and may be used by Field Street for any lawful purpose without restriction, subject to the Privacy Policy set forth below.

All materials available on or through the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any document or material that you download, access or consult.

Your continuing 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 we may revoke your right to use all or any portion of the Site.

  1. No Reliance

All material available on or through the Site is intended for informational purposes only and, unless specifically indicated otherwise, is provided on a generic basis with no application to or assessment of any individual prospective/current investor’s or client’s particular situation.

You acknowledge that the information contained on the Site: (i) is not investment advice or shall under no circumstances constitute an offer or solicitation to buy or sell any security; (ii) although the Site may include investment-related information, nothing on this Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy; (iii) Field Street does not give any advice or make any representations through the Site as to whether any security or investment is suitable for any person or will be profitable, and no information or material on the Site may be relied upon for the purpose of making or communicating investment or other decisions; (iv) an investment in any security involves a high degree of risk, and no assurance can be given that the investment strategies or investment styles described herein will be achieved and investment results may vary substantially on a quarterly, annual and/or other periodic basis; (v) the description of investment strategies and investment styles herein is intended to be a summary and should not be considered an exhaustive and complete description of the potential investment strategies or potential investment styles used by Field Street, and investment strategies and investment styles may be added or subtracted by Field Street in its sole and absolute discretion; and (vi) nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice. You further understand that 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 and that the past performance of any investment, investment strategy or investment style of Field Street is not indicative of future performance or results. Field Street is registered as an investment adviser with the Securities and Exchange Commission. This registration does not indicate any particular level of skill, training, or competence as such.

The information contained herein is as of the date hereof, and Field Street undertakes no duty to provide updated materials or content. No representation or warranty, express or implied, is made as to the accuracy or completeness of the information contained herein, and nothing shall be relied upon as a promise or representation as to the future performance of any investment strategy or investment style. The information included herein may contain "forward-looking statements" within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking statements are not historical facts but instead represent Field Street’s current beliefs, expectations and assumptions regarding future events, many of which, by their nature, are inherently uncertain and outside of Field Street’s control. It is possible that the actual results may differ, possibly materially, from the anticipated results indicated in these forward-looking statements. Field Street expressly disclaims any obligation or undertaking to update or revise any forward-looking statement contained herein to reflect any change in its expectations or any change in circumstances upon which such statement is based. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other material contributed by, any third party.

You agree to and understand the following terms and conditions: Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the United States, its territories, possessions, and protectorates. The Site is controlled and operated by Field Street from its offices within the State of New York, United States of America. Neither Field Street nor any of its affiliates makes any representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable.

  1. Confidentiality

The material available on or through the Site is confidential and is intended solely for the information of the person to whom it has been made available. Recipients may not reproduce these materials or transmit them to third parties in any form absent Field Street’s express written consent. These materials are not intended for presentation or distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulations.

  1. Your Representations and Warranties

You represent and warrant as follows:

  • that you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;
  • that 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; and
  • that you will not delete any material from the Site.
  1. Privacy Policy

The Site uses "cookies," which may automatically collect certain information and data. "Cookies" are small pieces of data sent to your computer browser from our web server and stored on your computer’s hard drive. The data identifies you as a unique user and facilitates your ongoing access to and use of this website. Cookies also help us diagnose problems with our server and the Site.

Any personal information, such as a resumes, cover letters, personal references, etc., submitted via the Site in connection with employment or prospective employment opportunities will be used by Field Street or its affiliates for employment evaluation.

As required under Regulation S-P, Field Street has implemented procedures to safeguard the personal information submitted through or contained on the website against access by unauthorized third parties (e.g., hackers). However, Field Street can make no guarantee that these procedures will prevent all unauthorized access, and as a result, personal information submitted through or contained on this website may be vulnerable to unauthorized disclosure to unknown third parties. Field Street’s liability for such unauthorized disclosure and the resulting use of the personal information obtained by these third parties shall be limited to the maximum extent permitted by law.

If you have any questions or comments about our privacy policy, please feel free to contact us at the address indicated below.

  1. Third Party Links

Field Street is not responsible for information on any third party website that may be referenced in, or accessible or connected by hyperlink to, the Site.

If you access any third party website through the Site or otherwise, you do so at your own risk.

Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us.

  1. No Warranty

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL USE OF THE SITE IS AT THE USER’S OWN RISK. IN PARTICULAR (BUT WITHOUT LIMITATION), FIELD STREET DOES NOT WARRANT THAT THE SITE OR ITS CONTENTS ARE FREE FROM VIRUSES OR PROBLEMS, FIELD STREET IS NOT RESPONSIBLE FOR ANY HARM CAUSED TO YOUR PROPERTY FROM YOUR USE OF THE SITE.

FIELD STREET AND ITS AFFILIATES DISCLAIM 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. THIS DISCLAIMER WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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 ANY PART OF THE MATERIAL CONTAINED WITHIN OR PRESENTED BY THE SITE, AND DO NOT ACCEPT ANY LIABILITY FOR ERROR OR OMISSION.

FIELD STREET’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. Limitation of Liability

IN NO EVENT SHALL FIELD STREET, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY OR TECHNICAL PROBLEMS IN USING THE SITE, OR ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF FIELD STREET, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES LIMIT THE APPLICABILITY OF DISCLAIMERS OR LIMITATIONS OF LIABILITY, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY ONLY TO THE EXTENT LEGALLY ENFORCEABLE IN THE APPLICABLE JURISDICTION.

  1. Breach and Indemnification

You shall not use the Site for or in connection with any illegal, fraudulent, harassing or similar prohibited purpose, including (but not limited to) posting illegal, immoral, provocative or defamatory statements in or on any part of the site, or posting on or submitting to the site any material which might cause Field Street or any of its affiliates to violate any applicable law, statute, directive or regulation or that could, in Field Street’s or such affiliate’s sole and absolute discretion, as applicable, adversely affect its reputation.

You agree to indemnify, defend and hold harmless Field Street, its affiliates, their respective, officers, directors, members, principals, agents, employees, 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: (i) your use of the Site; (ii) your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement; (iii) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or (iv) 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. Any such use, breach or violation will be deemed to include (without limitation) any such use, breach or violation by any person acting either on your behalf, with your permission, or under your control.

  1. Updates to the Site and Modifications to the Agreement

You acknowledge that Field Street may update the Site and/or any materials available on or through the Site, and may modify the terms of this User Agreement at any time and without notice to you. Modifications will be effective immediately upon posting unless we indicate otherwise. You agree to review periodically the terms of this User Agreement.

Again, by entering the Site you agree to and fully accept this User Agreement in its then current form each time you enter the Site.

  1. General

This User Agreement shall be governed by and construed under the laws of the State of New York, without regard to its choice of law rules. Any legal action brought hereunder shall be brought exclusively in state or federal courts located in New York, New York, and it is agreed that such courts shall have jurisdiction over the parties to this User Agreement and any dispute arising hereunder.

Field Street may monitor and record activity on the Site and respond as we deem appropriate.

Although Field Street endeavors to ensure that the Site is normally available 24 hours per day, Field Street will not be liable if for any reason the Site is unavailable at any time or for any period.

Access to the Site may be suspended temporarily or permanently and without notice.

If any provision of this User Agreement is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and this User Agreement shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.