Member TOS Page

Disclaimer and Limitation of Liability

1. Nothing contained in the Sites constitutes investment, legal or tax advice. Neither the information, nor any opinion contained in the Sites constitutes a solicitation, offer or recommendation by Phakama International, any of its affiliates or any fund or other entity managed directly or indirectly by any of the foregoing, to buy or sell any partnership interest, securities, futures, options or other financial instruments. The information on the Sites is provided for informational purposes only, is solely product-related and does not take into account any personal circumstances and does not qualify as general or personal investment recommendation or advice. You are solely responsible for evaluating the information provided on the Sites and any decisions based on such information. As a condition of accessing the Sites, to the fullest extent permissible pursuant to applicable law, you agree to hold Phakama International and its officers, directors, managers, partners, members, stockholders, employees, affiliates and agents harmless from and against any claims whatsoever and of any nature for damages arising from any decisions that you make based on such information.
2. The Sites and all information and materials contained therein are provided “as is” and on an “as available” basis without warranties of any kind (either express or implied). Phakama International makes no warranty that the Sites will be uninterrupted, reliable, error-free, virus-free, malware-free, current, accurate or complete, or will meet your expectations or requirements. You agree that temporary interruptions of the Sites may occur and we have no control over any third-party networks in connection with our services or any delays or disruptions of network transmissions. We are not responsible for any typographical errors or omissions. To the fullest extent permissible pursuant to applicable law, Phakama International and its affiliates disclaim any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.
3. To the fullest extent permitted by applicable law, Phakama International and its affiliates shall not be liable in any respect for any damages whatsoever arising from use or inability to use the Sites or materials contained therein (including without limitation, special or consequential damages, lost profits, damages arising from lost data or business interruption, or liability in relation to errors or omissions in any information or materials or the use or interpretation by others of such information or materials), whether based on warranty, contract, tort (including negligence) or any other legal theory, even if Phakama International, its affiliates or their authorized representatives have been advised of the possibility of such damages. Without limiting, and in addition to the foregoing, in no event shall the total liability (if any) of Phakama International and its affiliates to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed in the aggregate the amount paid by you to Phakama International, if any, for your access to the Sites. Please note that some jurisdictions limit or prohibit the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation may not apply to you.

Restrictions on Use of Sites and Sites Materials:

1. By accessing the Sites, you are hereby granted a limited, revocable, non-exclusive, non-sublicensable, personal license to access and use the Sites for your informational purposes only. This license is subject to your compliance with these Terms, the Privacy Policy and all other posted terms and conditions on the Sites. You may not reproduce, publicly perform, publicly display or distribute any information and materials available on the Sites except as otherwise expressly authorized on the Sites, or copy, modify or make any derivative works of the Sites or information or materials available on the Sites, in whole or in part. This license will terminate immediately upon your unauthorized use of the Sites or any information or materials available on the Sites. All rights not expressly granted to you in these Terms are reserved.
2. Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Sites are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Phakama International and/or its affiliates. No material from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Sites, including, without limitation, any text, images, audio and video, for public or commercial purposes without Phakama International’s written permission. Modification or use of the information or materials for any other purpose may violate the copyright, trademark and other intellectual property rights of Phakama International and/or its affiliates. Phakama International does not grant any license or right to use any registered or unregistered trademarks or service marks displayed on the Sites.
3. You agree not to:
1. “flood,” “spam,” “mailbomb” or overload any of the Sites or otherwise take any action that may result in damage, impairment or overload of any of the Sites’ infrastructure;
2. use any device, software or routine to attempt to interfere with any of the Sites’ functionality or appearance;
3. data mine, data scrape or otherwise attempt to use any software, device, tool or technique (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search any of the Sites to harvest, extract or collect information from the Sites;
4. attempt to decompile, disassemble or reverse-engineer any of the Sites’ source code or software;
5. impersonate any person or entity other than yourself or create a user account for anyone other than yourself;
6. create another user account without permission if Phakama International has suspended or terminated your user account;
7. use the Sites to violate anyone’s rights or applicable laws or regulations or do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory;
8. assist or encourage violations of these Terms, the Privacy Policy or applicable laws or regulations;
9. use any hidden text or metatags using “Phakama International” or any of our trademarks, service marks or names without our prior written consent; or
10. violate or attempt to violate the security of any of the Sites (including without limitation, accessing user accounts, servers or data without authorization, probing or testing the vulnerability of any of the Sites’ authentication measures, security or system infrastructure without proper authorization, or otherwise interfere with service to any user, host or network).
4. If you violate any part of these Terms, your permission to access or use the Sites and content of the Sites automatically terminates and you must immediately destroy any copies of such content in your possession or control. We reserve the right, in our sole discretion and without notice to you, to terminate or suspend your user account and your license to use the Sites and prevent your future access to and use of the Sites.

Password Security and Notification

1. Access to certain parts of the Sites requires a login. If you have a username, password or Personal Identification Number (PIN) for access to non-public areas of the Sites, you are solely responsible for all activities that occur in connection with your login credentials, and you agree that you will submit complete and accurate registration information as requested by the Sites’ registration forms and maintain the accuracy of this information by promptly updating your registration information with any changes. Accordingly, you should take steps to protect the confidentiality of your login credentials. You agree that you will notify Phakama International immediately if you become aware of any disclosure, loss, theft or unauthorized use of your login credentials. Phakama International is not responsible or liable for any liability, damages, loss or expenses arising in any way from the use of your login credentials.