The term “Landfair”, when used in these Terms and Conditions of Use, shall mean Landfair Capital Group AG and its affiliates. The terms “you” and “your”, when used in these Terms and Conditions of Use, shall be a reference to you or the institution that you represent.
If you, or the institution that you represent, currently have in effect a written agreement with Landfair setting forth the terms that govern the sharing of confidential information (an “Existing Confidentiality Agreement”), than the terms of such Existing Confidentiality Agreement shall govern all information provided by Landfair on this platform. For the avoidance of doubt, an Existing Confidentiality Agreement may take the form of a stand-alone agreement or be included in a subscription agreement of a fund managed by Landfair, in each instance signed by you or the institution that you represent. You agree to treat the information on this platform in accordance with the terms and conditions of such Existing Confidentiality Agreement, and you hereby acknowledge that the information on this platform may include non-public and/or price-sensitive information and that the use of such information may be regulated or prohibited by applicable legislation including securities law relating to insider dealing and market abuse and you undertake not to use any such information for any unlawful purpose;
Or
If you, or the institution that you represent, have not previously entered into a Confidentiality Agreement with Landfair, you agree to the following terms:
You acknowledge that all information available on this platform is hereby specified as Confidential Information and subject to the terms and conditions of these Terms and Conditions of Use.
This Agreement is entered into on behalf of the institution represented by you and considering a Transaction. You represent and warrant that this Agreement is agreed upon by a duly authorized officer of the institution you are working on behalf of.
You acknowledge that some or all of the Confidential Information is or may be non-public and/or price-sensitive information and that the use of such information may be regulated or prohibited by applicable legislation including securities law relating to insider dealing and market abuse and you undertake not to use any Confidential Information for any unlawful purpose.
Save as permitted under the terms of this Agreement, Confidential Information will be kept confidential by you and will only be used by you or any of your Representatives to evaluate the Transaction. You may disclose Confidential Information only to those of your Representatives who have a need to know and solely for the Permitted Purpose, provided that:
Neither Landfair, nor any of its affiliates (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by them or the assumptions on which it is based, or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by them or be otherwise liable to the Recipient or any other person in respect of the Confidential Information or any such information.
Landfair hereby grants you a limited, revocable, nonexclusive, nontransferable license to view, download and print the information, content and data within the Site for your own personal, noncommercial use, or as otherwise may be allowed upon Landfair’s prior written consent. As a condition to your use of the Site, you represent and warrant to, and agree with, the Firm that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. Landfair may revoke your access to the Site at any time in its sole discretion.
You will receive or establish a password in connection with your use of the Site. You are fully responsible for the use of and all activity originating from your password, whether authorized by, known by you or not, and for the protection of your password. The confidentiality of your information, including user name, password and answers to any applicable security questions are your own responsibility and you should change access information periodically to protect your confidentiality. You agree to immediately notify your contact at Landfair if you become aware of any of the following: (a) loss or theft of your password; (b) unauthorized use of your password; (c) any other information which you believe compromises the security of the Site.
You agree that your password is specific to you, and you will not share your password.
THE INFORMATION, SOFTWARE AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING OF SUCH INFORMATION, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY THE FIRM OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION, SOFTWARE AND SERVICES.
THE FIRM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS.
THE FIRM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE FIRM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE SITE. IN NO EVENT SHALL THE FIRM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE FIRM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE FIRM AND ANY PERSON CREATING OR TRANSMITTING THE INFORMATION ON THE SITE SHALL NOT BE LIABLE FOR ANY INFECTION BY VIRUSES OF OR DAMAGE TO ANY COMPUTER THAT RESULTS FROM YOUR USE OF, ACCESS TO OR DOWNLOADING OF SUCH INFORMATION. IF YOU ARE DISSATISFIED WITH THE INFORMATION, PRODUCTS OR SERVICES OFFERED AT THE SITE OR WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE SITE.
To the extent that Landfair collects any information from users of the Site, the collection and use of such information is governed by the firm's Website Privacy Policy, which you should read before providing any information to the firm.