Terms and Conditions of Use

  1. Tolis Advisors, LP (“Tolis”)  is providing this Website as an information service to the Internet community. The website includes, but is not limited to, the text, images, links, sounds, graphics displayed, and any information on the Website (the “Materials”).  Use of this Website and access to the material it contains, including, without limitation, the Materials, is subject to the following terms and conditions as well as all applicable laws.  The Tolis Privacy Policy is incorporated into these Terms and Conditions of Use by reference.
  2. Your access to and browsing of the Website constitutes your full acceptance of these terms and conditions. The information on the Website is only for the attention of the residents of jurisdictions where it can be lawfully disseminated.
  3. All material on this Website is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in this site constitutes professional and/or financial advice, nor does any information on this site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. No action should be taken or omitted to be taken in reliance upon information on this site. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance.
  4. Nothing on this site constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied upon in any connection with any contract or commitment whatsoever.
  5. Certain statements in the Materials or on the Website constitute forward-looking statements.  When used in the Materials or on the Website, the words “may,” “will,” “should,” “project,” “anticipate,” “believe,” “estimate,” “intend,” “expect,” “continue,” and similar expressions or the negatives thereof are generally intended to identify forward-looking statements.  Such forward-looking statements involve known and unknown risks, uncertainties, and other important factors that could cause the actual results, performance, or achievements to differ materially from any future results, performance, or achievements expressed or implied by such forward-looking statements.  No representation or warranty is made as to future performance or such forward-looking statements.  All forward-looking statements in the Materials or on the Website speak only as of the date thereof.  Tolis expressly disclaims any obligation or undertaking to disseminate any updates or revisions to any forward-looking statement contained in the Materials or on the Website to reflect any change in its expectation with regard thereto or any change in events, conditions, or circumstances on which any such statement is based.

    Limitation of Liability

  6. Nothing in these terms and conditions shall be taken to limit or exclude any liability that may not otherwise be limited or excluded under applicable law.  UNDER NO CIRCUMSTANCES WILL TOLIS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, LOSSES, DAMAGES OR AWARDS OF ANY KIND, HOWSOEVER CAUSED, AS A RESULT OF THE USE OF OR INABILITY TO USE, OR RELIANCE ON, THE TOLIS WEBSITE OR ANY OF THE MATERIALS, REGARDLESS OF WHETHER TOLIS HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH LOSSES, DAMAGES OR AWARDS OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOLIS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR THE MATERIALS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50) AND THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.

    Disclaimer

  7. THE MATERIALS AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER TOLIS OR ANY TOLIS FUND PROVIDES ANY WARRANTIES OF ANY KIND REGARDING THE MATERIALS OR THE WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL, MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, PROGRAM OR MACRO, FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.TOLIS OR THE TOLIS FUNDS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS. TOLIS HAS THE RIGHT TO SUSPEND OR WITHDRAW THE PROVISION OF ALL OR ANY PORTION OF THE WEBSITE OR THE MATERIAL WITHOUT PRIOR NOTICE AT ANY TIME. TOLIS MAKES NO WARRANTY THAT ANY MATERIALS OR SERVICES PROVIDED THROUGH THIS WEBSITE WILL PROVIDE RESULTS OR INFORMATION THAT WILL BE USEFUL, ACCURATE OR RELIABLE, NOR THAT ANY ERRORS IN THE OPERATION OF THE WEBSITE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT, MEMORANDUM OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE SHALL BE AT YOUR OWN RISK
  8. This site may include hyperlinks to other web sites, resources or other third parties as a convenience. When you select these hyperlinks you will be leaving the Website. These hyperlinks take you to publicly available sites, which are not within the control of Tolis. Tolis is not responsible for the availability of and accepts no liability in relation to, these external website or their contents. Tolis is not a sponsor, partner, promoter or publisher of any of such external websites. Neither Tolis nor a Tolis Fund makes any warranties, either express or implied, concerning the content of such sites, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor does Tolis warrant that such sites or their content are free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such sites or content are devoid of viruses or other contamination. Reference in this Website and/or the Materials to any hyperlinks, product, process or service does not imply Tolis’ support for, nor endorsement or recommendation of, nor responsibility for the provider thereof or the opinions, ideas, products, processes, information or services to which reference is made or offered at such sites, or any representation regarding the content at such sites.

    Information Submitted to Tolis

  9. Please do not send any information to Tolis that constitutes a trade secret or is confidential or proprietary. Tolis will not treat any provided information confidentially, unless Tolis agrees otherwise in a hardcopy written agreement. By submitting information or materials to Tolis, you and anyone acting on your behalf agree that any such information or materials will not be considered confidential or proprietary. Tolis is not obligated to review any information or materials sent to it, reserves the right to reject information or materials in its sole discretion, and shall be under no obligation to return any information or materials to you. Since it is possible that Tolis will receive a number of similar plans and ideas, you understand that your idea may have previously been submitted to Tolis and may be under our consideration. In no event shall Tolis be limited or restricted from pursuing any opportunities with others.

    Copyright and Trademarks

  10. The Materials are the exclusive intellectual property of Tolis and its third-party licensors and may not be used, copied, distributed, uploaded, posted, republished, decompiled, disassembled, reverse engineered or transmitted in any way without the prior, written consent of Tolis. You may, however, download one copy for your personal non-commercial use or non-commercial use within the organization in which you work on condition that you do not delete or change any copyright, trade mark or other proprietary notice contained in the Materials nor alter the way in which they are presented. Modification or use other than as permitted above violates Tolis’ intellectual property rights in the Materials.
  11. The trademarks, service marks and logo (the “Trademarks”) used and displayed on the Website are registered and unregistered Trademarks of Tolis. Nothing in these terms and conditions or on the Website should be construed as granting any license or right to use any Trademark displayed on the Website. Tolis enforces infringements of its intellectual property rights to the fullest extent permitted by the law.

    Governing law

  12. The agreement between Tolis and you relating to your use and browsing of the Website is governed by and shall be construed in accordance with the laws of the State of New York. These terms and conditions may not be modified unless Tolis agrees in a hardcopy writing or as provided in Section 14.

    Local Restrictions

  13. There are legal requirements in various countries and jurisdictions which may restrict the information which Tolis or the Tolis Funds can lawfully provide the user. Persons into whose possession the information in this Website comes should inform themselves about and observe any restrictions imposed in the jurisdiction in which the website is accessed.

    Amendments

  14. These Terms and Conditions of Use may be modified by us from time to time.  If we make material changes to them, we will notify you by sending an e-mail to your e-mail address if we have one for you.  You agree that such amended terms will be effective thirty (30) days after being sent to you (or posted, if we do not have an e-mail address for you), and your continued use of the website after that time shall constitute your acceptance of the amended terms.