By entering the websites (the “Sites”) of Octave Holdings and Investments, Inc. (collectively “Octave” or “we,” “us,” or “our”), you accept and agree to follow the terms and conditions described in these Terms of Use (“Terms of Use”). These Terms of Use are a binding agreement between you and Octave, and governs your access and use of the Sites, which includes any information, data, tools, products, services and other content (together, “Content”) available on or through the Sites. You may contact Octave at the address provided below with questions about the terms and conditions of these Terms of Use. These Terms of Use include and incorporate Octave’s Privacy Policy
The Sites are owned by Octave and its affiliates. The Sites and the Content are protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Octave, its affiliates and/or third parties.
Octave grants you a limited right to use the Sites only for your own private, non-commercial information purposes, and to print pages from the Sites only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, including any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Sites. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Sites 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 Sites.
Any data that you transmit to the Sites (including without limitation personally identifiable information) becomes the property of Octave and may be used by Octave for any lawful purpose without restriction, subject to the Privacy Policy.
All Content on the Sites 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 material or document that you consult or download.
Your continuing right to use the Sites is subject to your agreement to abide by these Terms of Use in their entirety, as well as any other rules, procedures, policies, Terms or Conditions that govern all or any portion of the Sites. At any time and for any reason we may revoke your right to use all or any portion of the Sites.
Octave and its affiliates at times raises capital to fund projects. Nothing on the Sites or in these Terms of Use shall be construedas an offer to sell securities, a recommendation regarding any securities, or a solicitation of an offer to buy securities in any Octave fund or account. All such offers may be made only to privately solicited investors who have been pre-qualified as to both investment suitability and net worth, including, without limitation, qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended, after delivery of required disclosure documents and offering memoranda, and only in such jurisdictions in which such an offer would be lawful.
All Content provided on the Sites is for informational purposes only.
Any estimates, projections or predictions on these Sites are intended to be forward-looking statements. Although Octave believes that the expectations in such forward-looking statements are reasonable, it can give no assurance that any forward-looking statements will prove to be correct. Such estimates are subject to actual known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. Octave 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.
No statement contained on the Sites should be construed as a guarantee or assurance of future performance or future results. Octave’s past performance is not indicative of future results.
There are various risks you assume when reviewing the Content on the Sites.
Dated Content speaks only as of the date indicated. We may modify the Content on the Sites at any time and without notice to you.
We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Sites even if we are aware that it is inaccurate, outdated or otherwise inappropriate. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party.
You agree that we are not liable for any action you take or decision you make in reliance of any content on the Sites.
The Content on the Sites is not intended to be, and you should not consider anything on the Sites to be, investment, accounting, tax or legal advice. You are encouraged to discuss information that you learn from the Sites with your financial, legal or tax advisors and others with whom you share investment decisions.
You represent and warrant that you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms of Use.
You represent and warrant 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 these Terms of Use.
You represent and warrant that you will not delete any Content from the Sites.
Certain portions of these Sites are password protected and the content of such areas are subject to the confidentiality provisions of the respective Octave fund documents. By entering those portions of the Sites you are agreeing to be bound by the confidentiality provisions of the respective fund documents.
If you are provided a password by Octave, you must keep your password confidential.
You may not disclose your password to any third party without obtaining the express approval of Octave.
You accept full responsibility for any use of your password.
You agree to notify Octave immediately of any actual or suspected loss, theft or unauthorized use of your password.
Without limiting the generality of any other disclaimers in these Terms of Use, Octave is not responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions regarding maintaining the security and confidentiality of your password.
Octave is not responsible for information on any third party website that is referred in, or accessible or connected by hyperlink to, the Sites
If you access any third party website through the Sites or otherwise, you do so at your own risk.
Hyperlinks to or from the Sites do not constitute third party endorsement of, sponsorship by or affiliation with us.
OCTAVE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITES THAT THE LAW ALLOWS IT TO DISCLAIM.
THE SITES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.”
WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITES OR ANY PART OF THE CONTENT.
OCTAVE’S LIABILITY WITH RESPECT TO THE SITES IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OCTAVE, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, MANAGERS, PRINCIPALS, AGENTS AND 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 SITES OR WITH ANY DELAY OR TECHNICAL PROBLEMS IN USING THE SITES, OR ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF OCTAVE, ITS AFFILIATES, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, MANAGERS, 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.
You will be responsible for any liability to Octave that arises out of your breach of these Terms of Use or your use of the Sites.
You agree to indemnify, defend and hold harmless Octave and its affiliates, 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:
You acknowledge that Octave may update the Sites and the Content, and may modify the terms of these Terms of Use at any time. Modifications to these Terms of Use will be effective immediately upon posting unless we indicate otherwise. You agree to review periodically the terms of these Terms of Use.
By entering any of the Sites you agree to and fully accept these Terms of Use in its then current form each time you enter the Sites.
These Terms of Use shall be governed by and construed under the laws of the state of Delaware, without regard to its choice of law rules. Any legal action brought hereunder shall be brought exclusively in the courts in Atlanta, Georgia, and it is agreed that such courts shall have jurisdiction over the parties to this agreement and any dispute arising hereunder.
Octave may monitor and record activity on the Sites and respond in compliance with our Privacy Policy.
Any notice to Octave shall be to the Legal Department, at [Admin@dev.octavehi.com; Subject Legal]
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.
Octave may monitor and record activity on the Sites and respond in compliance with our Privacy Policy as we deem appropriate.
