Terms and Conditions
This website, www.blackopalpartners.com (“Site”,) is owned and operated by Black Opal Partners Inc., which, along with its subsidiaries and affiliates, does business under the name, Black Opal Partners (collectively, “Black Opal” or “Black Opal Partners”). By using this Site, you signify your agreement with the following terms and conditions of use (“Terms”) without limitation or qualification, as set forth herein and apply to each of the pages of this website (collectively, the “Site”.) Black Opal may choose at any time to revise these conditions by updating this posting. You are bound by any such revisions and should visit this page from time to time to review the then posted terms and conditions of use to which you are bound.
Not an Offer of Securities
The information provided on this Site is limited to general information about Black Opal. Any communication containing a link to this Site is not intended to be sent to, or be use by, any person or entity in any country or jurisdiction where such action or use would be contrary to law or regulation or that would subject Black Opal to any registration requirement within such country or jurisdiction. This Site and any information or opinion within do not constitute a solicitation, recommendation or offer by Black Opal to sell or buy any securities or related financial instruments in any jurisdiction or provide any investment advice or service. Responses to any inquiry that may involve the rendering of personalized advice or effecting or attempting to effect transactions in securities will not be made without compliance with applicable laws or regulations, or applicable exemptions or exclusions. You may not, except as expressly authorized herein, reproduce, sell, transmit, distribute, display, publish, circulate, amend, disseminate, or use commercially any information on this Site.
Disclaimers and Limitation of Liability
Black Opal does not make any warranties or representations as to the accuracy of the information provided on the Site, or on any site accessed from this site through a hypertext link, either expressed or implied, for any particular purpose and expressly disclaims any warranties of merchantability, fitness for a specific purpose, title, noninfringement, quiet enjoyment, uninterrupted use, reliability, accuracy or information security. Users of this Site assume all risks as to accuracy, quality, validity, suitability, timeliness or completeness of any information or data made available to you and, the performance of the Site. Black Opal does not make any warranty or representation that the Site and its content will operate continuously or be uninterrupted, or meets users’ requirements, or be free of errors or that any errors or defects will be corrected or that this Site and any linked or referenced sites is free of viruses or other harmful malware. Site users also acknowledge that Black Opal may alter, revise or otherwise change the Site and its contents from time to time at its sole discretion. Without limiting the foregoing or anything else set forth herein, this Site and all of its information are provided “as is.”
Black Opal shall not be responsible for any loss or damage that results from any interception by third parties of any information made available to you via this Site. Black Opal Partners also assumes no responsibility, and shall not be liable for any damages to your computer equipment or other property from your access to, use of or browsing of this Site or your downloading of any information, data, text, images, video, or audio from this Site. Black Opal Partners assumes no responsibility and shall not be liable for any viruses or malware that may infect, your computer equipment or other property from your access to, use of or browsing of this Site or your downloading of any information, data, text, images, video, or audio from this Site.
In no event will Black Opal, any of its directors, members, officers or employees, or any third party vendor, be liable or have any responsibility of any kind for any loss or damage that you incur arising out of or relating to the Site, its content, the use of the Site, your reliance upon the Site or its content, any failure or interruption of this site, or that results from the act or omission of any other party involved in making or maintaining this site or the information contained herein available to you, even if Black Opal has been advised of the possibility of such damage.
Black Opal and its directors, members, officers, employees, and third-party vendors also shall have no liability or responsibility of any kind for any loss or damage that you incur as a result of any information contained on any Web pages or site maintained by any third party that you access through a hypertext link or the log-in screens of this site. If any warranty disclaimer or limitation of liability is found to be invalid or, for any reason, unenforceable, then the aggregate liability for Black Opal, any directors, officers, or employees arising out of the site, its use or its content shall not exceed five hundred dollars ($500.00).
Indemnification
As a condition of use of this Site, you agree to defend, indemnify and hold Black Opal and its directors, officers, partners, members, principals, employees, agents and representatives harmless from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising from (i) your use of this Site, in whole or in part, including without limitations any claims alleging facts that if true would constitute a breach by you of these Terms and Conditions and (ii) your breach or violation of law or any provisions herein.
Links to other websites
This Site may contain links to other websites. Black Opal Partners does not review or monitor any websites linked from or to this Site and will not bear any responsibility for the content of any such linked website. If you decide to access the linked website(s), you do so at your own risk. Black Opal is not responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. Any such links are provided merely for the Site users’ convenience and the inclusion of the links does not imply any endorsement, representation or warranty by Black Opal Partners with respect to any such website or the content or services provided by such websites. Furthermore, you agree not to link any websites to this Site without the express prior written consent of Black Opal Partners.
Login IDs and Passwords
Access to some areas of this Site requires the usage of a user Login ID and password (together, “UserID”.) This UserID may be provided by Black Opal to you and is for your exclusive use only. By accepting your User ID, you are responsible for the activities which occur due to their usage and should keep such UserID confidential and protect the UserID from misuse. Black Opal is not responsible for any damages or losses resulting from any breach of security caused by your failure to keep the UserID confidential. You agree to notify a representative of Black Opal immediately in the event of loss or theft of any or all of your UserID, or if you believe there is a breach of confidentiality of any or all of your UserID, or if you learn of a possible or actual unauthorized use of your UserID. Black Opal reserves the right to suspend or terminate your access to the Site without prior notice at any time.
Trademarks and Copyrights
This Site and all of its content including copyrights and intellectual property rights are proprietary to Black Opal. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Site without the prior written permission of Black Opal or such third party that may own the trademarks displayed on this Site. If you download any content or software from this Site, you agree that you will not copy it or obscure or modify any copyright or other notices or legends contained within.
Restrictions on Use of Materials
No materials from www.blackopalpartners.com or any website owned, operated, licensed or controlled by Black Opal may be reproduced, copied, uploaded, republished, posted, transmitted or distributed in any way, except as permitted by Black Opal Partners. You may not distribute, modify, transmit, reuse, report or use the content of this Site for public or commercial purposes, including the text, images, audio and video, without Black Opal Partner’s prior written permission.
Investment Risk
Your statements and reports may contain performance information. Black Opal makes no representation, and it should not be assumed, that past investment performance is necessarily indicative of future results. Moreover, the value of investments may rise or fall and where there is the potential for profit there is also the possibility of loss. Certain of Black Opal’s strategies involve investments that are illiquid, are subject to a substantial risk of loss and are not suitable for many investors.
Site Modifications
Black Opal reserves the right, at its discretion, to change these Terms and the contents of this Site at any time and without notice. We suggest that you review these Terms periodically for changes. The Terms and Conditions can be accessed from links on the Home page and other pages in the Site. If you use this Site after we post changes to these Terms and Conditions, you accept the changed terms. Black Opal may also offer other services from time to time that are governed by different terms and conditions.
Privacy and Security
For information on how Black Opal uses and protects the personal information you may provide on this site, please click on the link to “Privacy Policy.” You may not use this Site to collect and use personal information about or otherwise use the site in a manner that is inconsistent with privacy or personal data protection rights. Black Opal expressly reserves the right to monitor any and all use of this Site. Black Opal Partners is under no obligation to monitor any and all use of the Site and assumes no responsibility or liability arising from the use of this site.
Governing Law, Consent to Jurisdiction and Severability
Users of this Site shall be bound by all applicable Federal laws of the United States of America and the laws of the State of New York. You agree that any dispute or action at law or inequity arising out of or relating to these terms and conditions of use or to your use of the Site shall commence only in the state or federal courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action. If any of these Terms are held invalid or unlawful or for any reason unenforceable, that part will be deemed severable and the remaining provisions of these Terms will continue to remain in effect.
The information in or accessible through the Site are directed at residents of the United States, its territories, possessions, and protectorates, unless otherwise specified. Black Opal Partners makes no representation that the Site’s material or material accessible through the Site is appropriate or available for use in other locations or that access to them is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the usability, legality, and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the Site’s information or material in violation of U.S. export laws and regulations. The Site’s information or information accessible through the Site 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 or which would subject Black Opal to any registration or other requirement within such jurisdiction or country.
Contact Information
If you have any questions after reading these terms and conditions, please contact us at: info@blackopalpartners.com
