Please read this user agreement (the “User Agreement”) carefully before using this website (the “Website”). By accessing or using the Website you confirm and agree to have read, understood and accepted the terms and conditions of this User Agreement, that you will abide by this User Agreement, agree to the limitations herein and is legally bound by this User Agreement without limitation or qualification. If you do not agree with any provisions of the User Agreement, do not use the Website, save, reference or download anything from it. Incentive AS or any of its affiliates or associated companies (collectively, “Incentive”) reserves the right to change, modify, add or remove portions of this User Agreement or any content posted on the Website at any time without notice and without liability. By using the Website after we have posted changes, you are agreeing to be bound by the User Agreement as amended. We suggest that you review this User Agreement periodically for changes. At any time and for any reason Incentive may terminate or suspend your right to use all or any portion of the Website.
Copyright and Restrictions on Use
This Website, including all design, text and pictures, is owned or licensed by Incentive. All information on this Website (the “Website Information”) is protected by Norwegian, U.S. and international intellectual property laws. The trademarks, service marks and logos used and displayed on the Website are exclusive trademarks and service marks of Incentive.
No portion of the Website Information may be copied, modified, reproduced, transmitted, displayed, performed, stored, distributed, abridged, linked to or otherwise used in any way without Incentive’s prior written explicit consent. The Website Information may be discussed confidentially with your financial, legal or tax advisors.
You agree not to remove any notice signifying the intellectual property or other proprietary rights of Incentive or any of its third-party vendors (together with Incentive, “we”, “us” or “our”). Except as expressly provided in this User Agreement, we do not grant any express or implied right to you under any copyright, trademark, or other intellectual property or proprietary right. All rights not explicitly granted are reserved.
We take reasonable efforts to ensure that the Website is secure but we do not guarantee the security of the Website.
This Website is designed to be accessed through its principal home pages and such other pages as Incentive may decide. If you access this Website through individual pages directly, which are not designed for this purpose, you may not see important information that is relevant to the content of this Website.
Nothing contained on the Website constitutes investment, legal, accounting or tax advice. Neither the Website Information, nor any opinion contained on the Website constitutes a solicitation or offer by Incentive or any fund or other entity managed by Incentive, to buy or sell any fund units, securities or financial instruments. You are solely responsible for decisions based on the Website Information, and as consideration for access to the Website, you agree to hold Incentive, or any fund or other entity managed by Incentive, harmless from and against any claims of any nature whatsoever for damages arising from any decisions that you make based on such information. Incentive makes no representation that products or services discussed on this Website are available or appropriate for sale or use in all jurisdictions or by all investors. Those who access this Website do so at their own initiative and are responsible for compliance with any laws or regulations applicable to them.
You acknowledge that if you rely on any Website Information, you do so at your sole and exclusive risk.
THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE. NO REPRESENTATION IS BEING MADE THAT ANY INVESTMENT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE ACHIEVED IN THE PAST, OR THAT SIGNIFICANT LOSSES WILL BE AVOIDED.
The Website, including the Website Information, is produced for informational purposes only and shall not serve as the basis for any of your investment decisions. Any investment returns or estimates, forward-looking statements, forecasts or indications of past performance are for informational purposes only, may not be current and may not be indicative of future performance. Such information does not constitute an offer, solicitation or recommendation with respect to the purchase or sale of any fund units, securities or financial instruments. Any transactions referenced on this Website are included as representative transactions and are not necessarily reflective of overall performance.
All materials accessible through the Website must be considered in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, and copyright or proprietary notices. Any such disclaimers, restrictions, disclosures or notices are deemed incorporated in the portion of any Website Information that you review or download.
Despite the reasonable efforts of Incentive to provide accurate information on the Website, the Website Information may not be properly updated or corrected, even if Incentive is aware that such information is inaccurate, outdated or otherwise inappropriate. Any dated Website Information is operative only as of the indicated date. To the extent any Website Information is contributed by a third party, Incentive does not warrant the accuracy of any facts or information provided by, or endorse the opinions of, such third party.
You agree that you will not forward or distribute any of the Website Information to any other person or copy the Website Information in any manner whatsoever, in each case, without Incentive’s prior written consent. Any distribution, forwarding or copying of the Website Information, in whole or in part, without Incentive’s prior written consent is unauthorized and strictly prohibited.
Incentive and/or its directors, officers and employees may have or have had interests or positions or traded in financial instruments that are referenced on this Website. Furthermore, such entities or persons may have or have had a relationship with or may provide or have provided corporate finance services or other services to or serve or have served as directors of the relevant companies. Companies in which investments are made by Incentive may compete with one another.
Limitation of Liability; Indemnification
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCENTIVE AND ANY FUND OR OTHER ENTITY MANAGED BY INCENTIVE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS, AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE.
To the fullest extent permitted by applicable law, under no circumstances will we be liable to you or any third party for any loss, damage or injury (including, without limitation, any loss, damage or injury caused, in whole or in part, by us with respect to any Website Information) in contract, tort (including, but not limited to, negligence), strict liability or otherwise. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST OPPORTUNITY, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF INCENTIVE AND ANY FUND OR OTHER ENTITY MANAGED BY INCENTIVE AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) EXCEED USD 100.
You agree to indemnify, defend and hold us harmless from any loss, damage or injury (including reasonable attorneys’ fees) suffered, incurred or asserted as a result of (a) any use or misuse by you of the Website, (b) any actions related to your receipt and use of the Website Information, whether or not authorized, (c) any infringement by you of any of our intellectual property rights, (d) your breach of any of the provisions contained in this User Agreement, (e) your violation of any applicable law, legislation or of any third party’s rights and (f) claims asserted by third parties which, if proven, would place you in breach of any of the provisions contained in this User Agreement.
Some jurisdictions may provide rights in addition to those above or may not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you, or there may be provisions of applicable law that supersede the above.
We make no warranties that materials on this Website are appropriate or available for use in countries other than Norway. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access the Website from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. The information provided in or accessible through the Website 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 or which would subject Incentive and/or its affiliates to any registration or other requirement within such jurisdiction or country.
Miscellaneous; Termination; Governing Law; Consent to Jurisdiction
No waiver by Incentive of any right under or term or provision of this User Agreement will be deemed a waiver of any other right, term or provision of this User Agreement at that time or at any other time. Incentive may assign this User Agreement in whole or in part at any time without your consent. You may neither assign this User Agreement nor delegate any of your obligations under this User Agreement. Any portion of this User Agreement declared invalid is severable and shall not affect the validity or enforceability of the remainder of the User Agreement. This User Agreement represents the entire agreement between Incentive and its affiliates, on the one hand, and you, on the other, relating to the subject matter herein. Incentive may terminate this User Agreement with or without cause at any time.
THE TERMS OF THIS USER AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF NORWAY, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL BE COMMENCED ONLY IN THE COURTS LOCATED IN OSLO AND YOU HEREBY CONSENT AND SUBMIT TO THE JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.