Terms and Conditions of use

Effective Date:  June 20, 2014

This website (including all information and materials contained herein, the “Site”) is exclusively the property of Stabilis Capital Management, LP (collectively, with its subsidiaries and affiliates, “Stabilis Capital”, “Stabilis”, “us”, “our” or “we”).  Our principal place of business is located at 767 5th Avenue, 12th Floor, New York, New York 10153.  Please see the Contact Us page for further information about how to contact us.

Please read the following information carefully before using the Site.  By using the Site you agree that you have read and accepted these terms and conditions (the “Agreement”) and the restrictions governing your use of the Site.  This Agreement is a binding agreement and governs your access and use of the Site, including any information, data, tools, products, services and other material available on or through the Site.  You must be of the legal age of majority in your jurisdiction in order to use our Site.

Not Professional Advice:

The material set out in the Site is provided solely for information purposes only and is subject to change without notice.  None of the information contained in the Site or any materials contained on or accessible through the Site should be construed as providing any type of investment or other advice to you, nor should you consider it as a solicitation, recommendation, endorsement or offer to you to buy or sell any financial security or other financial instrument, effect any transactions, or conclude any legal act of any kind whatsoever.

The Site does not provide specific investing advice to any individual viewing the contents of the Site, and no information or materials contained in the Site should be construed or relied upon as such.  Nothing contained on any part of the Site constitutes investment, legal, accounting, tax or other professional advice nor is it to be relied upon in making an investment or other decision.   Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.  We do not and will not give any advice or make any representations through the Site as to whether any security or investment is suitable for you or will be profitable.  You should obtain relevant and specific professional advice and check the accuracy of all relevant information before making any investment decision.  Stabilis will not treat users of the Site as its clients, customers or investors by virtue of their accessing the Site.

Past performance is not indicative of future results, and there can be no assurance that any individual investment or investor will achieve comparable results, will make any profit, or will be able to avoid incurring losses.

Limited License:

Unless otherwise stated herein, we (and our licensors) are the sole owners of the Site and all of its content, including without limitation, all information, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained within the Site.  Notwithstanding the foregoing, Stabilis grants you a limited right to use the Site.  Your right to use the Site is subject to your agreement to abide by this Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site, particularly those set forth in the “Use Restriction” section below.  At any time and for any reason we may revoke your right to use all or any portion of the Site.  You may not violate or attempt to violate the security of the Site.

Accuracy of Information:

Any information relating to any investment made by Stabilis is derived from publicly available information provided by the applicable issuer, and we assume no responsibility for such information (or for the timeliness of any such information).

Third Party References; External Sites:

The Site may contain references to third parties or links to other sites or addresses.  If such links or addresses are included and you access such links or sights, even if though this Site, you may leave the Site.  If you access any third party website through the Site or otherwise, you do so at your own risk.  External sites are not part of this Site and do not belong to Stabilis and we have no control over such sites, nor do we endorse or accept any responsibility for the content of such external websites, nor the products or services on them.  Any external websites are independent from Stabilis, and we have no control over or responsibility for the information provided, the accuracy of such information, or activities undertaken on such sites.  We do not control any third parties, nor do they control us, and we assume no liability or responsibility with respect to any such third party.

Prohibited Visitors:

Access to this Site and any information on the Site is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) it is prohibited to access the Site or direct such information for any reason.  If you are a person in a jurisdiction in which such prohibitions apply you must not access this Site.

Disclaimer of Warranties:

THE SITE IS PROVIDED “AS IS” AND YOUR ACCESS AND USE OF IT IS AT YOUR OWN RISK.  To the extent permitted by law and unless otherwise specifically set out in this Agreement, we make no warranties, representations or undertakings in respect thereof and all warranties representations, undertakings, or other terms or any kind, whether express or implied by statute, custom or usage (including without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) relating to the Site and the information contained in or omitted from the Site are excluded.

.  WE MAKE NO WARRANTY THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SITE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
Limitation of Liability:

To the fullest extent permitted by law, Stabilis (and its affiliates, agents or licensors) excludes all liability, whether in contract, tort, negligence, misrepresentation or otherwise, for any direct or indirect loss or damage caused, directly or indirectly, by your use of the Site or the information contained on the Site or provided to you pursuant to your use of the Site.

In no circumstance shall Stabilis (or any of its affiliates, agents or licensors) be liable for any direct, indirect, incidental, special or consequential loss or damages (including, without limitation, loss of profit, business opportunity, loss of goodwill, anticipated savings or data) arising from: (i) your inability to use the Site at any time or any error in the provision of the Site; (ii) unauthorized access to or alteration of the Site or any information or data transmitted in relation to the Site; (iii) any error, fault, computer virus or other computer or data-corrupting or data-damaging material transmitted through the Site; (iv) third party services outside Stabilis’ reasonable control (including, but not limited to, telephone and browser services and your use of email communications to contact or instruct us, and any delay in our receipt or confirmation of such a communication, any interception of or changes to such a communication and any reasonable delay in acting on such a communication), whether such services are used by you to access the Site or otherwise; (v) your use of and/or reliance on other web sites to which you have gained access by means of hyperlinks published on the Site; or (vi) any inaccurate information, material or opinions published on the Site (or accessed via the Site) or your reliance thereon.  For the avoidance of doubt this provision shall apply whether or not the relevant loss or damage arises by reason of Stabilis’ negligence or in contract, tort, misrepresentation or otherwise.

STABILIS’ LIABILITY IS LIMITED EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE.  THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.   IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY.  WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

You shall be liable to Stabilis for any loss, liability or cost that Stabilis (or any of its affiliates) suffers as a result of your use of the Site or any breach of this Agreement, and in particular any warranties, representations or undertakings made, by you.  You agree to indemnify, defend and hold harmless Stabilis 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: (a) your use of the Site; (b) your breach of this Agreement or any representation, warranty or covenant made by you in this Agreement; (c) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or (d) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this Agreement.

Copyright and Trademark Information:

Unless stated otherwise, the information, materials, logos and images contained in this Site are the property of Stabilis or its affiliates or its licensors, with all rights reserved.  Stabilis and/or other Stabilis marks referred to on the Site are trademarks which belong to Stabilis and its affiliates.  No visitor may use such trademarks or other devices without the express written consent of Stabilis.

Other product and company names reproduced on the Site may be the trademarks (registered or otherwise) of the respective owners, and all rights in the material on any other web sites which you may be able to link to from the Site may be owned by third parties, with all rights reserved by such parties.

Use Restrictions:

As a visitor to the Site, you may view the Site and you are permitted to print hard copies of material on it for your personal, non-commercial use.  All other copying or distribution of any part of the Site whether in electronic, hard copy or other format is prohibited.  Any copies must not alter the original content and must reproduce our copyright notices.

Your use of the Site is conditioned on your full compliance with this Agreement including, without limitation, the rules of conduct set forth in this section and your failure to comply with such rules may result in termination of your access to the Site pursuant to this Agreement.  You agree that when using the Site you will not:

  • Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
  • Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Site;
  • Frame or mirror any part of the Site without our express prior written consent;
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
  • Submit, post, or submit any offensive, defamatory, threatening, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content (as determined by us in our sole discretion);
  • Copy, download, distribute, transmit, upload, or transfer content from the Site without our prior written permission or as otherwise permitted under this Agreement;
  • Resell, sub-license, or lease any of the content on the Site;
  • Use the Site to make unsolicited offers, requests, advertisements, or spam;
  • Impersonate or pretend to be anyone else but you; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
  • Remove any copyright, trademark or other proprietary notice or legend contained on the Site;
  • Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or
  • Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, defaming, abusing, harassing, or threatening.

Submissions:

If you send any communications or materials to the Site using our “Contact Us” form or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, Stabilis’ property.  Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way we use such material.  We are free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication that you send to the Site or to us for any purpose whatsoever, including but not limited to developing business plans or investment strategies.  We are not obligated to use any such ideas or materials and you have no rights to compel such use.  Please note that we may collect and store any information you choose to submit to us using your “Contact Us” feature, including your name, email address, and any information you submit as part of your message.  We use this information to respond to your request, comment, or question.

Changes:

Stabilis reserves the right to make any changes to these terms and conditions at any time and it is your responsibility to check for any changes to these terms and conditions.  If we change this Agreement, we will update the Effective Date listed above.  Your continued use of the Site means that you agree with the updated Agreement.  If you do not agree with our updated Agreement, you may not use our Site.

Miscellaneous:

If a competent court of law or authority finds that any part of these terms and conditions is invalid, unlawful or unenforceable to any extent, the remainder of these terms and conditions shall continue to be valid and enforceable to the fullest extent permitted by United States law.

These terms and conditions are governed by the laws of the state of New York and United States law.  The courts of New York situated in Manhattan shall have exclusive jurisdiction in relation to any dispute arising out of your use of the Site or arising from or connected with these terms and conditions and you hereby submit to the exclusive jurisdiction of the courts of New York.  You agree that you will not file a class action, or participate in a class action against us.