Welcome to https://www.srsfund.com (the “Website”), which is owned and operated by SRS Investment Management, LLC and/or its affiliates (collectively, “SRS”), an investment adviser registered with the United States Securities and Exchange Commission. The following terms of use and conditions, including SRS’ Privacy Policy (collectively, “Terms of Use”) shall govern your use of the Website.
GENERAL – BINDING AGREEMENT
By accessing, viewing or using the information, materials and/or services available on or through the Website, you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract. Your continued use of the Website will signify your agreement with and understanding of any additional or modified terms, conditions or notices applicable to the Website.
1. PRIVACY POLICY
SRS considers your personal data to be private. By accessing the Website, you also acknowledge and represent that you have reviewed and agree to be bound by our Website Privacy Policy (“Privacy Policy”), which is available here Privacy Policy. These Terms of Use and Privacy Policy govern your use of the Website and you acknowledge that you have read the Privacy Policy. You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, directly or indirectly, are prohibited and constitute a breach of these Terms of Use.
2. GRANT OF USER LICENSE
The Website and the information and materials available on or through it are provided by SRS as a service to you. You may use the Website only for your personal or internal business purposes. Except as otherwise expressly permitted herein or under an agreement between you and SRS, you may not modify, copy, distribute, broadcast, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise use any information, products, services or material obtained from or through the Website.
3. NO INVESTMENT ADVICE OR RECOMMENDATIONS
This Website is intended to provide general information regarding the services and/or products offered by SRS. SRS does not provide recommendations, investment advice or any other advice to you or any other party through the Website, and no information or material at the Website is to be relied upon for the purpose of making or communicating investment or other decisions. Accordingly, SRS does not offer advice regarding the quality or suitability of any investment or of any investment manager and assumes no responsibility or liability for any investment decisions or advice, treatment, or services rendered by any person or entity mentioned, featured or linked to on the Website. In addition, it should not be assumed that any information concerning past performances of any investment products is any indication of future performance in any way as there is always a risk of loss. Certain investment strategies are subject to significant risks and therefore not suitable for all investors.
4. INTELLECTUAL PROPERTY RIGHTS
This Website and all of its content, including all trademarks, service marks, trade names, logos, text, materials, and other information (“Intellectual Property”), are the exclusive property of SRS and/or their respective owners. Nothing in this Website shall be deemed to convey upon you any right, title, or interest in any Intellectual Property except for the right to view and/or use the same pursuant to these Terms and of Use. You may, for your own personal, non-commercial use only, download or print any information or materials displayed on this Website, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report or use the content of this Website for public or commercial purposes, including the text, images, and/or audio and video, without SRS’ prior written permission. Except as expressly permitted in writing, no information or materials provided on the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way to third parties.
5. CONFIDENTIALITY AND SECURITY
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While SRS has endeavored to create a secure and reliable Website, please be advised that the confidentiality of any communication or material transmitted to/from the Website over the Internet cannot be guaranteed. Accordingly, SRS and its affiliates are not responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Website and must make your own determination as to these matters. Furthermore, actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. For your protection, SRS reserves the right to view, monitor, and record activity on the Website without notice or permission from you.
6. DISCLAIMERS
THE MATERIALS AND INFORMATION AT THE WEBSITE ARE PROVIDED “AS IS” AND SRS MAKES NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING REGARDING THE ACCURACY, TIMELINESS, VALIDITY OR COMPLETENESS OF THE INFORMATION, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OR THAT THE SERVICE WILL REMAIN UNINTERRUPTED. SRS FURTHER ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, FUNCTIONS OR SERVICES CONTAINED AT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. LIMITATION OF LIABILITY AND INDEMNITY
UNDER NO CIRCUMSTANCES SHALL SRS AND ITS AFFILIATES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE WEBSITE, EVEN IF SRS AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SRS AND ITS AFFILIATES AND THEIR RESPECTIVE ATTORNEYS, LICENSORS, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM YOUR USE OF THE WEBSITE, ANY ARRANGEMENTS YOU MAKE BASED ON THE INFORMATION AVAILABLE OR THROUGH THE WEBSITE, AND ANY BREACH BY YOU OF THESE TERMS OF USE OR OTHER IMPROPER ACT OR OMISSION.
8. GOVERNING LAW
These Terms shall be construed in accordance with the laws of the State of New York without regard to its principles of conflicts of law. SRS makes no representation that materials in the Website are appropriate or available for use in foreign locations, and access to them from territories where any of the contents of the Website are illegal is prohibited.
9. WAIVER AND SEVERABILITY
No waiver by SRS of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term or provision of these Terms of Use at that time or a waiver of that or any other right, term or provision of these Terms of Use at any other time. If any provision of these Terms of Use is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use represent and constitute the entire agreement between SRS and you relating to the subject matter discussed herein. Failure to insist on strict performance of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance.