Terms and Conditions
The Excellence in Investing Foundation (the “Foundation”) hosts annual investment conferences and events (the “Sohn Investment Conferences”) which bring together successful investors to present their best investment ideas, all to benefit the Foundation and its mission. The Sohn Investment Conferences are intended to be an opportunity to exchange ideas for educational purposes. Each Sohn Investment Conference may include opinions, advice, statements, materials, presentations, data, images, videos, documentation and other information (collectively, “Materials”) expressed or otherwise shared by presenters whom the Foundation has invited to participate. The Materials are for informational purposes only, and the statements, views and opinions expressed at any presentation or in any Materials are those solely of the presenter and not of the Foundation. Further, the Foundation does not endorse or recommend any presenter, promoter, investment advisor, strategy, company or any views mentioned at any conference or in the Materials. Under no circumstances, will the Foundation (or its directors, officers, employees, or agents) be liable for the accuracy, quality or reliability of any of the presentations or Materials, any defamatory, offensive, or illegal conduct of presenters, or any direct, indirect, incidental, special or consequential damages arising from any presentations or Materials.
The Materials do not constitute investment advice, recommendations or solicitations to purchase or sell any securities mentioned therein or at any conference. The Foundation is not, and does not provide services as, an investment advisor, investment analyst, broker, broker-dealer, market-maker, investment banker or underwriter.
Some of the information presented in the Materials or at the conference may contain “forward looking” statements by the presenters within the meaning of Section 27A of the U.S. Securities Act of 1933 and Section 21E of the U.S. Securities Exchange Act of 1934. A company’s actual results could differ materially from those described in any forward-looking statements or announcements discussed at the Sohn Investment Conferences. Forward-looking statements are based upon expectations, estimates and projections at the time the statements are made and involve risks and uncertainties that could cause actual events to differ materially from those anticipated. Forward-looking statements often include words such as “anticipates,” “estimates,” “expects,” “projects,” “intends,” “plans,” “believes” and words and terms of similar substance in connection with discussions of future operating or financial performance. Any statement that expresses or involves predictions, expectations, beliefs, plans, projections, objectives, goals or future events or performance may be a forward-looking statement. The Foundation shall not be liable for the contents of any such forward-looking statements.
The Foundation receives cash charitable donations and fees from presenters, sponsors, investment advisors and participants who attend the Sohn Investment Conferences. The Foundation receives no compensation for, and does not engage in, providing advice, making recommendations, issuing reports or furnishing analyses on any of the securities, strategies or information presented herein or at any conference.
The Foundation recommends that you consult with a professional investment advisor, broker or legal counsel before purchasing or selling any securities.
The Excellence in Investing Foundation Website Terms and Conditions
Grant of License.
This Agreement provides you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement.
Restrictions On Use
You acknowledge and agree that all content included on this Site, such as text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of the Sohn Conference or its content suppliers and is protected by US and international copyright laws.
Except as otherwise indicated on this Site, any person using this Site is authorized to copy, print, or distribute any of its contents only as set forth below, and the Sohn Conference may terminate such authorization at any time:
Users may access, print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices, including the Sohn Conference copyright notice, “© 2009-2013 Sohn Conference Foundation.” contained in such materials and information. Under no circumstances shall any or substantially all content of the Site be copied or downloaded in any medium. Unless and except as otherwise expressly permitted herein or with special approval directly from the Sohn Conference, a User may print out individual pages but may not modify, create derivatives of, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, copy or download a large portion of the Site (e.g., no bots, webcrawlers, spiders, etc. that “harvest” this Site) or otherwise use any information or material obtained from or through this Site. No one may frame this Site or any portion thereof. Linking to the Site is permitted, provided that the link does not falsely imply or suggest that the Sohn Conference has endorsed or is affiliated with the linked website. The Sohn Conference is not liable for the contents of any third-party website linked to the Site.
The Sohn Conference is concerned with protecting the privacy of others, the security of data it collects and the responsible, lawful use of its resources. You agree not to use the Site for any prohibited purpose. The following are examples of prohibited uses of the Site:
a. Violations of Law. All Users are prohibited from using this Site to commit, or in connection with, criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements, or to infringe or violate the rights (including intellectual property, privacy and publicity rights) of any person. We reserve the right to report any such activity to appropriate law enforcement officials, regulators or other third parties, and we may do so without prior notice to you.
b. Security Violations. All Users are prohibited from violating, or attempting to violate, the security of the Site. Any such violations may result in criminal and civil liabilities to you. Examples of prohibited security violations include: (i) logging into a server or account that you are not authorized to access; (ii) accessing data or taking any action to obtain services not intended for your use; (iii) attempting to probe, scan, or test the vulnerability of the Site or its infrastructure; (iv) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures; (v) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other devices that intend to (or actually) damage or disrupt the Site or its infrastructure; and (vi) interfering with or intercepting any service or data relating to the Site, including by means of overloading, “flooding,” “mailbombing,” or “crashing” the Site or its infrastructure.
c. Threats. All Users are prohibited from using this Site to transmit materials of a harassing or threatening nature.
d. Offensive or Unlawful Materials. All Users are prohibited from using this Site for the display or distribution of offensive or unlawful materials, including materials that are libelous, defamatory, obscene, pornographic, indecent, vulgar, or hateful, or materials that infringe or violate the intellectual property, privacy, publicity or other personal rights of others.
e. Spam. All Users are prohibited from using this Site in connection with spam. Spam is not only annoying to other users, it might degrade the Site or interfere with its operation. Spam includes any of the following activities: (i) sending any unsolicited e-mail that could provoke complaints; (ii) sending unsolicited e-mail without identifying a clear and easy means to be excluded from receiving additional e-mail from the same source; and (iii) sending e-mail that does not accurately identify the sender, the sender’s return address and e-mail address.
f. Other Prohibited Conduct. All Users agree that when using this Site, you will not do any of the following: (i) post or upload any content containing any solicitation; (ii) download any content that you know, or reasonably should know, has not been lawfully posted or distributed; (iii) falsify or delete any author attributions or proprietary or legal notices; (iv) use another’s password without permission or impersonate another person; or (v) harvest or otherwise collect information about others, including e-mail addresses, without their consent.
The Sohn Conference reserves the right to determine, in our sole discretion, whether you have used the Site in a prohibited way. We reserve the right, but not the obligation, to monitor the Site and, if we become aware that you have used (or attempted to use) the Site for a prohibited purpose, we reserve the right to take any action we deem appropriate, including terminating your access to the Site. We may not notify you before we take any such action against you. To seek permission to use materials and information (including screenshots of this Site or posting any content from this Site) beyond the scope of the foregoing license, please contact the Sohn Conference via e-mail as indicated below. Any rights not expressly granted herein are reserved.
Sohn Conference Foundation
Intellectual Property Rights. All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, the Sohn Conference does not grant any express or implied right(s) to Users of this Site. Please be aware that the Sohn Conference actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are © 2009-2013 Sohn Conference Foundation All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited. The Sohn Conference also owns a copyright in this Site as a collective work and/or compilation; in the selection, coordination and arrangement of the Site’s content; and in any and all databases accessible on this Site.
The trade/service marks Excellence in Investing Foundation, THE SOHN CONFERENCE FOUNDATION, and all other names, logos, and icons identifying the Sohn Conference and/or the Sohn Conference’s products and services are proprietary marks of the Sohn Conference. Other product and company names mentioned on this Site may be the trade/service marks of their respective owners and may not be used without the prior written permission of their respective owners.
Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While the Sohn Conference has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, the Sohn Conference is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. The Sohn Conference and its affiliates will not be liable for any damages or injury, including but not limited to special or consequential damages, that result from the use of (or the inability to use) this Site and its contents, or a website linked to this Site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. You assume the sole and complete risk of using this Site.
Enforcing Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, the Sohn Conference reserves the right to view, monitor, and record activity on the Site without notice or further permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. The Sohn Conference will also comply with all court orders involving requests for such information.
Links to Other Websites. The Sohn Conference may provide links, in its sole discretion, to other websites on the Internet for the convenience of its Users in locating related information and services. These websites have not necessarily been reviewed by the Sohn Conference and are maintained by third parties over which the Sohn Conference exercises no control. Accordingly, the Sohn Conference expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services, including the Sohn Conference’s products, provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third-party or any website or the products or services provided by any third-party. The Sohn Conference reserves the right to add or remove links from the Site at its discretion, without notice.
Events Beyond The Sohn Conference’s Control. You expressly absolve and release the Sohn Conference from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
DISCLAIMERS. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. THE SOHN CONFERENCE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY OF ITS CONTENT. THE SOHN CONFERENCE DOES NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SOHN CONFERENCE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE AND THE CONTENT PROVIDED HEREIN.
UNDER NO CIRCUMSTANCES WILL THE SOHN CONFERENCE BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR THE CONTENT PROVIDED HEREIN, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD-PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF THE SOHN CONFERENCE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE SOHN CONFERENCE DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE SITE AND ITS CONTENT.
IN ANY EVENT, THE AGGREGATE LIABILITY OF THE SOHN CONFERENCE FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE AND ITS CONTENT SHALL NOT EXCEED $50.00
Indemnity. You agree to indemnify and hold harmless the Sohn Conference, its affiliates, and all of their officers, directors, employees, volunteers, shareholders, legal representatives, agents, licensors, suppliers, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) from all claims, including third-party claims, arising out of or related to your access or use of, or your inability to access or use, the Site or other websites to which they are linked or related to your use of this Site or any breach by you of these Terms and Conditions. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof.
Submissions. The Sohn Conference also welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Sohn Conference to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.
International Use. The Sohn Conference makes no representation that materials on this Site are appropriate or lawful for use or access in locations outside the United States. Access to this Site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. Furthermore, our databases connected with this website are located in the United States. By posting to our Site or sending us your data, you consent to their transfer to and from, and storage within the United States.
Governing Law. This Agreement will be governed by the laws of the State of New York, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be the State of New York.
Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by the Sohn Conference of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Nature of Relationship/Severability. No joint venture, partnership, employment, or agency relationship exists between you and the Sohn Conference as a result of this Agreement or your use of this Site. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.