FABRIIK WEBSITE TERMS AND CONDITIONS OF USE
These Website Terms and Conditions of Use (“Terms”) are effective as of May 19, 2020.
PLEASE READ THESE TERMS CAREFULLY BEFORE VISITING THIS WEBSITE (OR OTHER WEBPAGES WITH LINKS TO OR THAT UTILIZE THE TERMS) (COLLECTIVELY, THE “SITE”) OR USING THE SERVICES AND PRODUCTS PROVIDED THEREON. BY ACCESSING OR UTILIZING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM. YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS IS A CONDITION TO YOUR RIGHT TO ACCESS AND UTILIZE THE SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND PRODUCTS AND YOU SHOULD NOT USE THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
FABRIIK AND ITS AFFILIATES (TOGETHER, “FABRIIK”, “WE” OR “US”) RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THE TERMS AT ANY TIME FOR ANY REASON AND IN OUR SOLE DISCRETION. WE SUGGEST THAT YOU PERIODICALLY REVIEW THE TERMS FOR AMENDMENTS. YOU ACKNOWLEDGE THAT BY ACCESSING OR USING THIS SITE YOU ARE AGREEING TO THE TERMS AS MODIFIED FROM TIME TO TIME. CHANGES TO THE TERMS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING AND YOU ACKNOWLEDGE THAT BY ACCESSING THE SITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THE TERMS AS MODIFIED.
If you have any questions or comments about these Terms, you may send us an e-mail at email@example.com or write to us at: Unit 470 Canada Place, Lauchland Benjamin Drive, St. Johns, Antigua and Barbuda, Attention: General Counsel.
No Offer / Local Restrictions
This Site is for general informational purposes only. Nothing contained in or on the Site should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, digital asset, crypto asset, derivative, future, option, other financial product or instrument, or investment or to engage in any other transaction. Nothing contained in or on the Site is to be construed as investment advice or as a recommendation or a representation about the suitability or appropriateness of any product or service. Fabriik offers several products and services designed specifically for various categories of investors in various countries and regions. Not all products and services will be available to all investors. These products or services are only offered to such investors, in those countries and regions, in accordance with applicable laws and regulations and who meet the investor suitability and sophistication requirements of each product or service as determined from time to time by Fabriik in its sole and absolute discretion. The information provided on 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. All persons and entities accessing the Site do so of their own initiative and are responsible for compliance with applicable local laws and regulations. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited by reason of that person’s nationality, residence or otherwise. Any user subject to these restrictions must not access the Site.
Indemnity by You
You agree to indemnify and hold harmless Fabriik and any of its affiliates, controlling parties, partners, officers, directors, members, principals, investors, agents, managers, suppliers, licensors, resellers, distributors, contractors and employees (collectively “Related Persons”) from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by Fabriik or any Related Persons relating to or arising from (a) access to or use, by you or permitted by you, of the Site, or (b) any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.
All material contained within or made available through the Site is for general information only and is not, nor does it purport to be, a complete description of the products or services offered by us. Access to offering materials with respect to the products and services managed or offered by Fabriik is limited to investors who meet the applicable investor suitability, experience and sophistication requirements. If there is an inconsistency between any information found through the Site and the respective offering materials of any product or service offered by Fabriik, the provisions of the applicable offering materials shall prevail. We assume no responsibility for any errors or omissions of the information made available through the Site.
The views and opinions expressed through the Site are those of Fabriik and are subject to change without notice. Fabriik makes no representation or warranty, express or implied as to the accuracy, completeness, reliability or correctness of information on the Site or obtained from third parties.
This Site is for information purposes only and is not intended to be relied upon as a forecast, research or investment advice.
The Site may contain forward-looking statements which reflect our current views with respect to, among other things, the operations and performance of our businesses and are not guarantees of future events or performance. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Forward-looking statements involve inherent risk and uncertainties, so it is possible that predictions, forecasts, projections and other forward-looking statements will not be achieved. Fabriik cautions you not to place undue reliance on these statements as several important factors could cause actual events or results to differ materially from those expressed or implied in any forward-looking statement. All opinions in forward-looking statements are subject to change without notice and without any legal responsibility.
THE INFORMATION ON THE SITE IS PROVIDED “AS IS”. FABRIIK AND RELATED PERSONS DO NOT WARRANT THE ACCURACY OF THE MATERIALS PROVIDED HEREIN, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU ACKNOWLEDGE THAT FABRIIK AND RELATED PERSONS SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO ANY THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE, TO PROVIDE OR MAINTAIN YOUR ACCESS TO ONLINE SERVICES OR PRODUCTS, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN Fabriik AND YOU. Fabriik SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE ACCURACY, QUALITY, TIMELINESS, PERFORMANCE, RELIABILITY, OR COMPLETENESS OF THE INFORMATION OR SERVICES CONTAINED ON THE SITE, OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA OR SERVICES OR PRODUCTS AVAILABLE ON THIS SITE OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THESE SERVICES AND PRODUCTS.
IN NO EVENT WILL FABRIIK OR RELATED PERSONS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY THEORY, THAT MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF THE USE OR ATTEMPTED USE OF THIS SITE OR ANOTHER LINKED SITE, OR USE OF ANY DATA OR SERVICES OR PRODUCTS MADE AVAILABLE ON THIS SITE, EVEN IF FABRIIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. FABRIIK SHALL HAVE NO RESPONSIBILITY TO INFORM OR NOTIFY YOU OF ANY DIFFICULTIES EXPERIENCED BY Fabriik OR ANY THIRD PARTIES WITH RESPECT TO THE USE OF THE SERVICES, PRODUCTS OR DATA PROVIDED ON OR BY THE SITE.
WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, THE AGGREGATE LIABILITY (IF ANY) OF FABRIIK AND ITS RELATED PERSONS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY (IF ANY) OF Fabriik OR RELATED PERSONS ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THIS SITE OR ANOTHER LINKED SITE, OR USE OF ANY DATA OR SERVICES OR PRODUCTS MADE AVAILABLE ON THIS SITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY THEORY, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THESE TERMS ARE IN RESPECT OF FABRIIK FUND SPC GENERALLY AND THE USER ACKNOWLEDGES THAT ANY CLAIMS IT MAY HAVE IN RELATION TO THE TERMS ARE AGAINST FABRIIK FUND SPC AND ITS GENERAL ASSETS AND NOT ANY SPECIFIC SEGREGATED PORTFOLIO OR ITS ASSETS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THE SITE IS TO STOP USING THE SITE.
YOU FURTHER ACKNOWLEDGE THAT NOTHING CONTAINED ON THIS SITE CONSTITUTES INVESTMENT, LEGAL, TAX OR OTHER ADVICE, NOR IS IT TO BE RELIED UPON IN MAKING ANY INVESTMENT OR OTHER DECISIONS. YOU ACKNOWLEDGE THAT INVESTMENTS ARE SPECULATIVE IN NATURE, INVOLVE A HIGH DEGREE OF RISK AND ARE INTENDED ONLY FOR EXPERIENCED AND SOPHISTICATED INVESTORS. YOU SHOULD SEEK PROFESSIONAL ADVICE PRIOR TO MAKING ANY INVESTMENT DECISIONS. AS A CONDITION OF ACCESSING THE SITE, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AGREE TO HOLD FABRIIK AND RELATED PERSONS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON THE INFORMATION ON THE SITE.
WE MAY REVOKE YOUR ACCESS TO OR UTILIZATION OF THE SITE FOR ANY REASON WITHOUT PRIOR NOTICE.
Copyrights, Trademarks and Service Marks
All content displayed or otherwise contained on or available via this Site, including without limitation all images, text, graphics, logos, video, audio, articles, software code, user interface design and illustrations, constitutes the proprietary intellectual property of Fabriik or its licensors, and is protected by worldwide copyright and trademark laws and treaty provisions. By accessing or utilizing this Site, the user agrees not to directly or indirectly copy, recast, modify, create derivative works, post, publish, redistribute, display, disclose, or make available the content displayed or otherwise contained on or available via this Site, in whole or in part, to any third parties, or assist others to do the same, or otherwise make any commercial use of the materials without the prior written consent of Fabriik. You also may not create a link from a third-party website to the Site without the prior written permission of Fabriik.
All trademarks, service marks, trade names and logos displayed on this Site, (collectively referred to as the “Marks”), are proprietary to Fabriik or its respective owners, and are protected by worldwide trademark laws. Any use of the Marks, or any other Marks owned by or licensed to Fabriik without Fabriik’s express written consent, is strictly prohibited.
Third Party References and Links to Other Websites
Transmissions to and from the Site
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Site may not be secure. Any communication or content that you send to the Site is and will be deemed to be non-confidential as between you and us, and Fabriik shall be free to use, modify, reproduce and distribute for any purpose, all communication or content including without limitation any ideas, concepts, know-how or techniques provided by a website user to Fabriik through this Site without compensation to you. Fabriik makes no warranty to you regarding the security of the Site, including with regard to the ability of any unauthorized persons to access information received or transmitted by you through or from the Site. Fabriik reserves the right to cease providing, or to change, this Site and content of such information (or any portion or feature thereof) at any time or frequency and without notice.
Unauthorized use of this Site, including but not limited to improper use of posted information, is strictly prohibited. Authorized users of this Site include any users visiting this Site for informational purposes, clients of Fabriik, Fabriik employees and contractors, candidates for employment with Fabriik or users looking for information about employment opportunities at Fabriik and any other users authorized by Fabriik.
You may not use any hardware or software intended to damage, overburden or interfere with the proper working of the Site or to intercept any system, data or personal information from the Site, including but not limited to (i) use of any robot, spider, intelligent agent or other automatic device, manual process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (ii) any attempt to gain unauthorized access to, interfere with, overburden, damage or disrupt any parts of the Site, the server on which the Site is hosted, or any server, computer or database connected to the Site; (iii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (iv) cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing or deep or inline linking, on any other site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way and not to use this Site in any manner that would interfere with another party’s use of the Site. Fabriik reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Fabriik may be entitled at law or in equity.
If any of the provisions of these Terms are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms, which shall be given full effect, without regard to the invalid portion(s).
No waiver by Fabriik of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.
Governing Law and Forum
The laws of the Cayman Islands govern these Terms and the use of the Site, without regard to conflict of law principles or provisions that would require the application of the laws of another jurisdiction. Any dispute relating to these Terms or arising out of or relating to the use of the Site shall be resolved solely in the courts located in the Cayman Islands, and you consent and irrevocably and unconditionally submit to the personal and exclusive jurisdiction of those courts for the purpose of any action with Fabriik or Related Persons. You and Fabriik agree that all claims or disputes concerning the Site shall proceed solely on an individual, not class action or representative, basis.