Terms of Service

Ownership of Site & Copyright
The Consilium Investment Management website is owned by Consilium Investment Management, LLC (“Consilium”). The Consilium website and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of Consilium or its licensors accessible via the website (collectively hereafter referred to as the “Consilium Website” or the “Website”) is and shall remain the exclusive property of Consilium and its licensors, as the case may be. All rights to the Consilium Website remain with Consilium or its licensors. By accessing the Consilium Website, you accept in their entirety and without modification these terms and conditions pertaining to the use of the Consilium Website. Consilium reserves the right to change the terms, conditions and notices under which the Consilium Website is offered without notice at any time. The Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Website.

Unauthorized Access

The Website is not absolutely protected against unauthorized third parties. You acknowledge that any information provided through the Internet may be potentially accessed by unauthorized third parties. Although Consilium will make reasonable efforts to protect the privacy of users of the Website, no guarantee can be made that unauthorized third parties will not access the information contained on the Consilium Website. You acknowledge that Consilium is not responsible for notifying you that unauthorized third parties have gained such access or that any data has been otherwise compromised during transmission across computer networks or telecommunications facilities, including, but not limited to, the Internet.

No Reliance

While Consilium uses reasonable efforts to update the information on the Website, Consilium makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Website. Any contents at the Website are subject to change without notice and provided without warranties of any kind, either express or implied.

Passwords and Security

You are responsible for the confidentiality and use of your password. Your password is an important means of protection for you. You agree to notify us immediately if you believe that an unauthorized person has obtained access to your password.

Links

Consilium makes no representations whatsoever about the opinions of any third party appearing on a linked site, neither regularly monitors nor has control over the contents of such sites and does not endorse, and disclaims all responsibility for, the content of such statements or websites.
No Warranty
THE WEBSITE, INCLUDING INFORMATION AND MATERIALS CONTAINED IN THE WEBSITE, TEXT, GRAPHICS, SOFTWARE, LINKS AND OTHER ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CONSILIUM DOES NOT WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS OR AVAILABILITY OF THE WEBSITE, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE. THERE IS NO WARRANTY OF MERCHANTIBILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY OF NON-INFRINGEMENT, AND NO WARRANTY OF ANY OTHER KIND, IMPLIED, EXPRESS OR STATUTORY, IN CONJUNCTION WITH THE WEBSITE. ANY DATED MATERIALS OR INFORMATION INCLUDED ON THIS WEBSITE ARE PROVIDED ONLY FOR HISTORICAL OR ARCHIVAL PURPOSES. DATED MATERIALS OR INFORMATION ARE CURRENT, APPLICABLE AND RELEVANT ONLY AS OF THE DATE OF THEIR ISSUE AND SHOULD NOT BE RELIED UPON AS BEING CURRENT AFTER THAT DATE.

Limitation of Liability

IN NO EVENT WILL CONSILIUM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR USE THEREOF OR THE INABILITY BY ANY PARTY TO USE THE WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF CONSILIUM, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. YOU FURTHER ACKNOWLEDGE THAT NOTHING CONTAINED ON THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO STRATEGIES AND EDUCATION ARTICLES) CONSTITUTES INVESTMENT, LEGAL, TAX OR OTHER ADVICE, NOR IS IT TO BE RELIED UPON IN MAKING ANY INVESTMENT OR OTHER DECISIONS. YOU SHOULD SEEK PROFESSIONAL ADVICE PRIOR TO MAKING ANY INVESTMENT DECISIONS.
You hereby agree to indemnify, defend and hold Consilium, its affiliates and their officers, directors, members, principals, investors, agents and employees harmless from and against any and all liability incurred by these parties in connection with any claim arising out of your use of the Website, your connection to the Website, or any breach by you of these Terms of Use, including without limitation attorneys’ fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any claim. Consilium reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Consilium.
No Offer/Local Restrictions
Nothing contained in or on the Website should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, investment or to engage in any other transaction. Any such offer or solicitation will be made only by means of delivery of a confidential private offering memorandum or investment management contract to qualified investors in those jurisdictions where permitted by law. Consilium offers a number of products and services designed specifically for various categories of investors in various countries and regions. Not all products will be available to all investors. These products or services are only offered to such investors, in those countries and regions, in accordance with applicable laws and regulations. The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Website do so of their own initiative and are responsible for compliance with applicable local laws and regulations. The Website is not directed to any person in any jurisdiction where the publication or availability of the Website is prohibited, by reason of that person’s nationality, residence or otherwise. Persons subject to these restrictions must not access the Website.

General

If any provision of these Terms of Use 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 these Terms of Use 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.
This Website contains views and opinions which, by their very nature, are subject to uncertainty and involve inherent risks. Predictions or forecasts described or implied, may prove to be wrong. Investing involves risk, including the possible loss of principal. Any portfolio risk management processes discussed herein are an effort to monitor and manage risk, but should not be interpreted as and do not imply low risk or the ability to control risk. Risk policies and limits imposed by Consilium are subject to change and may be exceeded from time to time due to, among other things, market fluctuations.
When used in the Website outside of these Terms of Use and Legal Information, the term “Consilium” refers to the Consilium group of companies, unless otherwise indicated. The Consilium group of companies includes Consilium Investment Management, LLC and certain affiliated companies owned by their officers.