Terms and Conditions

Last Updated: September 27, 2022

This website, www.gammaroadcapital.com (the “Site”), is maintained by GammaRoad Capital Partners, LLC (“GammaRoad”, “us”, or “we”). Please read these Terms and Conditions carefully. These Terms and Conditions govern your use of and access to the Site, all information contained therein, and all related, tools, and downloads (all of the foregoing, collectively, the “Services”). 

THESE TERMS AND CONDITIONS FORM A LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND GAMMAROAD. WHEN YOU VISIT THE SITE OR ACCESS OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND GAMMAROAD’S PRIVACY NOTICE (THE “PRIVACY NOTICE”). BY CONTINUING TO USE THE SITE, YOU ACCEPT AND AGREE THAT THIS AGREEMENT AND THE PRIVACY NOTICE GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR THE PRIVACY NOTICE, YOU MAY NOT USE THE SERVICES.

THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. PLEASE READ THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW FOR ADDITIONAL INFORMATION. 

1. Privacy Notice

Please review our Privacy Notice, which also applies to and governs your use of the Site. The Privacy Notice explains how GammaRoad collects, uses and protects certain information and personal data collected through the Site. By using the Site, you are agreeing to GammaRoad’s collection and use of such information consistent with the Privacy Notice, and to be bound by the terms of the Privacy Notice and this Agreement. 

2. Modifications and Updates to this Agreement

GammaRoad may make changes or improvements to the Services and/or to this Agreement at any time. Any modifications made will be effective immediately upon the posting of the modified Agreement on the Site. By continuing to use the Services after any changes or improvements are made, you are accepting and agreeing to the changes. If you do not agree to the revised Agreement, you may not access or use the Services.

3. No Offer of Securities

None of the information or materials contained on or accessible through the Site, including any information or materials accessible to you, should be construed as providing any type of investment, financial, legal, tax or other professional advice to you, nor should you consider such information or materials as a solicitation, recommendation, endorsement or offer to you to purchase or sell any securities or other instruments of GammaRoad or any other issuer. All information and content provided by GammaRoad or that you subscribe to, is for informational and educational purposes only. Before making any decisions regarding our Services or any information or content on our Site, you should consult your own financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk. 

4. Site Content

The Site, including all Services, images, logos, trademarks, graphics, software, and other content made available by GammaRoad on the Site (collectively, the “Site Content”) are the sole property of GammaRoad and are protected by copyright and other laws, both in the United States and in other countries. You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Site Content, except to the extent expressly permitted by GammaRoad. You may download and copy Site Content made available to you on the Site for your personal and noncommercial use, provided that you keep intact any copyright or other proprietary notices displayed therein. Except for this limited license, GammaRoad does not convey any interest in or to the Site Content. All rights not expressly granted herein are reserved by GammaRoad.

5. Links to Third Party Websites

The Site may contain links to websites owned or operated by third parties or otherwise contain content provided by third parties (“Third Party Materials”). Such Third Party Materials are provided solely as a convenience to you, and GammaRoad is not responsible for, does not endorse, and makes no representation regarding any Third Party Materials. If you decide to visit any third party website linked to this Site, you do so at your own risk. We encourage you to review the privacy policy and terms of use for such third party sites. 

IN NO EVENT WILL GAMMAROAD BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY THIRD PARTY SITE, OR ANY LINK CONTAINED IN A THIRD PARTY SITE.

6. Acceptable Use Policy

You agree that you will not submit to or use the Site in a manner that: (1) is obscene, inappropriate, threatening, harassing, abusive, false, inaccurate, deceptive, libelous, defamatory, vulgar, pornographic, invasive of privacy or is otherwise injurious to third parties; (2) constitutes a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national, or international law; (3) transmits computer viruses, malware, bots, worms, Trojan horses or other harmful, disruptive, or destructive materials that limit the functionality of any computer software, hardware, or telecommunications equipment; (4) includes advertisements, promotional materials, spam, junk mail, pyramid schemes or other forms of solicitation; (5) impersonates another person or entity or falsely states or misrepresents your affiliation with a person or entity; (6) restricts or interferes with any other user’s ability to use or enjoy the Site, as determined by GammaRoad in its sole discretion; (7) uses any robot, spider, scraper or other automated means or interface not provided by GammaRoad to access the Site; (8) extracts data or gathers or uses information available through the Site through any means not intentionally made available or provided for through the Site; (9) infringes or alleges to be infringing upon a third-party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third-party claim of infringement; (10) violates contractual or fiduciary relationships; or (11) violates this Agreement or uses the Site in any manner that is inconsistent with the purposes or objectives of this Site, as determined in good faith by GammaRoad. 

7. Unauthorized Use of the Site

GammaRoad further reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including, but not limited to: unauthorized access to the Site through a third-party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Site; any other action that imposes an unreasonable load on the Site; any link to any page of the Site other than the home page; any sharing of access to the Site with another individual or entity; or any unauthorized distribution of Site Content. GammaRoad’s decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver or modification of this Agreement, the Privacy Notice, or of GammaRoad’s legal rights and remedies, all of which are expressly reserved. 

8. Qualification of Use

By submitting any personally identifiable information through the Site, you represent and warrant that you are at least eighteen (18) years of age, and that you agree to abide by all of the terms and conditions of this Agreement. Use of the Site is void where prohibited. 

9. Warranty Disclaimer

THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. GAMMAROAD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING: (1) THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO: (A) THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR TIMELINESS OF THE SITE CONTENT, OR (B) THE RESULTS OBTAINED OR TO BE OBTAINED FROM THE SITE CONTENT; OR (2) THE ABSENCE OF ANY MALWARE OR OTHER HARMFUL CODE ON THE SITE OR WITHIN ANY SITE CONTENT. GAMMAROAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. 

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 

10. Limitation of Liability

IN NO EVENT WILL GAMMAROAD BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUES OR PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT GAMMAROAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, GAMMAROAD’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION. 

11. Indemnification

You agree to defend, indemnify and hold GammaRoad harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees, disbursements, and court costs, including any incurred in enforcement of this indemnity) arising from, incurred as a result of, in connection with, or in any manner related to (i) your access to or use of the Services or any Site Content contained, displayed, or available therein; (ii) your violation or breach of this Agreement; and/or (iii) your violation of any applicable law, rule, regulation or ordinance, or any third party’s rights.

12. Force Majeure 

WITHOUT LIMITATION TO ANY OTHER PROVISION IN THIS AGREEMENT, GAMMAROAD SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT IF THE DELAY OR FAILURE ARISES OUT OF OR RESULTS FROM ANY CAUSE BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, EARTHQUAKE, FIRE, FLOOD, STORMS, WAR, LABOR DISPUTES, INTERRUPTIONS, LOSS OR MALFUNCTIONS OF UTILITIES, COMPUTER OR COMMUNICATIONS SERVICES, ACCIDENTS, ACTS OF CIVIL OR MILITARY AUTHORITY OR GOVERNMENTAL ACTIONS, ACTS OF TERRORISM OR ANY OTHER ACT OF CIVIL OR MILITARY AUTHORITY OR GOVERNMENTAL ACTION.

13. Governing Law 

This Agreement and your access to and use of the Services is governed by the laws in effect in the State of New York, without giving effect to its conflicts of law provisions. By using the Services, you waive any claims that may arise under the laws of other countries or territories.

14. Arbitration and Class Action Waiver 

With respect to any and all disputes arising out of or in connection with the Services, this Agreement, or the Privacy Notice, you and GammaRoad agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and GammaRoad do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in New York County, New York.

THE ARBITRATION OF DISPUTES PURSUANT TO THESE TERMS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICES AND/OR THIS AGREEMENT, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that GammaRoad may seek any interim or preliminary relief from a court of competent jurisdiction in New York County, New York, necessary to protect its rights or property pending the completion of arbitration. 

To the extent permitted by law, any claim or dispute arising out of or in connection with the Services, this Agreement, or the Privacy Notice, must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute isn't filed within one year, it's permanently barred.

15. Headings

The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

16. Assignability, Waiver and Invalidity

You may not assign or otherwise transfer this Agreement or any rights or obligations hereunder. GammaRoad’s failure to act on any breach of any provision hereof shall not be construed as a modification or waiver of the enforcement of any provision unless GammaRoad agrees to such waiver in writing. If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable, and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances. 

17. Entire Agreement

This Agreement, together with the Privacy Notice, set forth the entire understanding between you and GammaRoad with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, oral or written, between you and GammaRoad with respect to such subject matter.

18. Contact Information

If you have any questions about this Agreement, please contact us at client.service@gammaroadcapital.com.