TERMS OF USE

Last Updated:  November 20, 2023

THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE (AS DEFINED BELOW).

Eligibility.

The Site (as defined below) is available only for individuals aged 16 years or older. If you are 16 or older, but under the age of majority in your jurisdiction, you should review this Agreement (as defined below) with your parent or guardian to make sure that you and your parent or guardian understand it.

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

We reserve the right, in our sole and absolute discretion, to deny you access to the Site or any portion thereof, without notice and without reason.

Acceptance of Terms of Use.

These Terms of Use, which incorporate the terms of our Privacy Policy (collectively, this “Agreement”), state the terms and conditions under which you may access and use the website located at https://www.lagodaim.com and all Content (as defined below) and services available therein (the “Site”). Please read this Agreement carefully. The Site contains various information in the form of data, text, graphics, news, reports, and other materials relating to Lagoda Investment Management, L.P. (“Lagoda,” “we,” “us,” or “our”), as well as third-party content (collectively, the “Content”). By accessing, browsing, and/or using the Site (including any services that may be available through the Site), you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. We reserve the right to amend this Agreement at any time and from time to time. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.

Use Restrictions.

By accessing and/or using the Site, you hereby agree to comply with the following guidelines:

  • You will not use the Site for any unlawful purpose;

  • You will not access or use the Site to collect any market research for competing businesses;

  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site;

  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Site;

  • You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Site;

  • You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;

  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

  • You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means.

We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Site, or any portion thereof, without notice.

Intellectual Property Rights in the Site.

You acknowledge that the Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereafter developed. You also acknowledge that the Content is and shall remain the property of Lagoda or Lagoda’s licensors. You shall comply with all intellectual property laws, and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. All trademarks, logos, and services marks displayed on the Site are trademarks belonging to us, our affiliated entities, or our licensors (collectively the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to the benefit of us, our affiliated entities, or our licensors, as the case may be.

Linking and Framing.

We prohibit the use of any links to the Site from any other web sites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of the Site with any other web site. As noted in our Privacy Policy, the Site may periodically provide links to third-party websites. This Agreement governs only the Site and not any such third-party websites. Our decision to link to a third-party website is not an endorsement of the content or services in that linked third-party web site. If you decide to access linked third-party websites, you do so at your own risk. You should direct any concerns regarding any third-party websites to the administrator of the applicable third-party website.

Copyright Complaints.

If you believe the Site contains Content that infringes your copyright, please see our Copyright Infringement Notification Procedures set forth below.

Advertisements.

We may, in our sole discretion, post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as, and does not in any manner constitute, our recommendation, endorsement, or approval of the advertiser or its services. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser, and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings.

No Responsibility for Connectivity.

You are responsible for the means you use to access the Site and all costs associated therewith. We are not responsible for the performance of your hardware, software, the Internet, your Internet service provider, or other third parties involved in connecting you to the Site.

Disclaimer of Warranties.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY, OR USEFULNESS OF ANY PORTION OF THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. WE DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

Limitation of Liability.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR AFFILIATED ENTITIES, SUBSIDIARIES, OR ITS OR THEIR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LAGODA PARTIES”), BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE AND THE INFORMATION OBTAINED THROUGH THE SITE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, IN NO EVENT SHALL ANY OF THE Lagoda PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

Indemnification.

You shall indemnify and hold harmless the Lagoda Parties for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your misuse of the Site or any violation of this Agreement.

Termination.

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason (or no reason) without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.

Electronic Communications and Contracting.

By assenting to this Agreement, you agree that a printed version of this Agreement and all other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Miscellaneous.

In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of these Terms of Use entitled Intellectual Property Rights in the Site, Unsolicited Information, Disclaimer of Warranties, No Inside Information; No Guaranteed Results, Forward-Looking Statements, No Offers or Reliance; No Investment or Financial Advice, Positions and Recommendations, Rankings and Rating Services, Limitation of Liability, Indemnification, and Miscellaneous shall survive the termination of this Agreement. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, USA, without regard to its conflict of laws provisions.  The parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of New York, Borough of Manhattan for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including, but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.  This Agreement contains the entire agreement between Lagoda and you concerning the Site and supersedes all existing agreements and all other oral, written, or other communication between Lagoda and you concerning the Site. You shall comply with all laws, rules, and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you shall comply with such restrictions and not export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation. All rights not expressly granted herein are reserved by us.

Copyright Infringement Notification Procedures.

If you believe that any Content violates your or a third party’s copyright, please notify Lagoda by providing the following information to the copyright agent identified below.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the Site;

  • Your address, telephone number, and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Lagoda Investment Management, L.P.

3 Columbus Circle, Suite 2215

New York, NY 10019

Email: info@lagodaim.com