You may access the Terms and Conditions page by clicking on the “Legal and Terms of Use” link at the bottom of any page of this Website.
1. ACCEPTANCE OF THE WEBSITE AND EMAIL TERMS AND CONDITIONS OF USE
Please read the following terms and conditions of use (the “Terms and Conditions”) carefully before using this site. The Terms and Conditions for www.pbycapital.com (the “Website”) constitute a legal agreement and are entered into by and between you and PBY Capital Limited and their subsidiaries, affiliates and related entities (collectively, “PBY Capital”). These Terms and Conditions exempt PBY Capital and other persons from liability or limits their liability and contains other important provisions that you should read. The following terms and conditions, together with any documents and additional terms they expressly incorporate by reference, govern your access to and use of, including any content, functionality, and services offered on or through the Website, and any correspondence you have with an email address that ends in @pbycapital.com (a “PBY Capital email”).
YOU MAY NOT USE THIS WEBSITE OR CORRESPOND WITH A PBY CAPITAL EMAIL IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH PBY CAPITAL, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES OR CORRESPONDING WITH A PBY CAPITAL EMAIL BY APPLICABLE LAW.
EACH TIME YOU USE THE WEBSITE OR CORRESPOND WITH A PBY CAPITAL EMAIL, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY NOTICE (the “Privacy Notice”), INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY NOTICE, YOU MUST NOT ACCESS OR USE THE WEBSITE OR CORRESPOND WITH A PBY CAPITAL EMAIL.
WHO WE ARE AND HOW TO CONTACT US
We operate the Website www.pbycapital.com.
If you would like to contact us for any reason, including because you have any complaints, please contact us by email at manager@pbycapital.com or by telephone at 1-833-292-5849 (toll free).
If we have to contact you, we will do so by phone, email, or prepaid post to the address you provide to us. If we have to give you notice in writing, we will do so by email or pre-paid post as above.
GENERAL
All personal information we collect is subject to, and only used in accordance with, our Privacy Notice. Please take the time to read our Privacy Notice https://www.pbycapital.com/privacy-notice/ as it includes important terms which apply to you.
Your use of our Website or our emails is also subject to our Website and Email Terms and Conditions, as set out herein. Please take the time to read our Website and Email Terms and Conditions.
2. NO OFFER TO SELL AND NOT SOLICITATION OF AN OFFER TO PURCHASE ANY SECURITY; NO RELIANCE
The content on our Website or in communications from a PBY Capital email are provided for general information purposes only. They are: (i) not an offer to sell, (ii) not a solicitation of an offer to purchase any security, and (iii) not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Any commentaries and information contained on the Website should not be considered personal investment advice. Information on the site is not intended to provide legal, accounting, financial, or tax advice, and should not be relied upon in that regard. Please consult with your professional advisor with respect to your particular circumstances.
All information herein with respect to any investment fund is qualified in its entirety by the more detailed information contained in each fund’s offering documents. Each potential investor should read the offering documents in their entirety and should carefully consider the risk warnings and disclosures set out therein before making an investment decision.
The information and materials on PBY Capital’s website or communications from a PBY Capital email should not be considered a recommendation to buy, sell or short a particular security. Any specific securities discussed are intended as an illustration of a portfolio manager’s security selection process. The funds may sell these securities at any time, or purchase securities that have previously been sold. The securities or short positions may increase or decrease in value after the date hereof, and the funds may accordingly gain or lose money on the investment in the securities. The statements by the portfolio managers in their commentaries are intended to illustrate their approach in managing the funds and should not be relied upon for any other purpose.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and PBY Capital has no responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by PBY Capital, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of PBY Capital. PBY Capital is not responsible, or liable to you or any third party, for the content or accuracy of any third-party materials.
3. PBY CAPITAL’S REGISTRATIONS UNDER SECURITIES LAWS
PBY Capital is registered with the applicable securities’ regulatory authorities in each province in Canada as an exempt market dealer and a portfolio manager. PBY is also registered with the applicable securities’ regulatory authorities in Ontario, Quebec and Newfoundland & Labrator as an investment fund manager. This means PBY Capital has the requisite registration under applicable securities regulations in the Canadian provinces to distribute securities, but only to investors who can rely on a prospectus exemption. To the extent that the posting of any information on PBY Capital’s website constitutes dealing in securities, such information is intended solely for investors or prospective investors who are eligible to rely on a prospectus exemption under applicable securities regulations.
4. FORWARD LOOKING STATEMENTS
PBY Capital’s website or communications from a PBY Capital email may contain forward-looking statements. Statements concerning a fund’s objectives, goals, strategies, intentions, plans, beliefs, expectations and estimates, and the business, operations, financial performance and condition of the fund are forward-looking statements. The words “believe”, “expect”, “anticipate”, “estimate”, “intend”, “aims”, “may”, “will”, “would” and similar expressions and the negative of such expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. These forward-looking statements are subject to important risks and uncertainties that could cause actual results to differ materially from current expectations. While PBY Capital considers these risks and uncertainties to be reasonable based on information currently available, they may prove to be incorrect. The content on PBY Capital’s website or communications from a PBY Capital email is subject to change without notice. Information given on a particular date may no longer be current when PBY Capital’s website or the communication from a PBY Capital email is accessed on a later date.
5. MODIFICATIONS TO THE TERMS AND CONDITIONS AND THE WEBSITE
PBY Capital reserves the right in our sole discretion to revise and update these Terms and Conditions from time to time, including the material and/or the products, site-related services, and resources described therein and reserves the right to make such changes without any obligation to notify past, current, or prospective users and visitors of this site. We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website or correspondence with a PBY Capital email. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications. Your continued use shall be your acceptance of these Terms and Conditions.
The Website, and the information and material on the Website or in any communication through a PBY Capital email, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period. We may change, suspend, or end any service, or change and modify prices prospectively at our discretion, subject to applicable laws and regulations. The Website or any related software on the Website is not a storage service. You agree that we have no obligation to store, maintain, or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable law. We may transfer our rights and obligations under any order accepted by us to another organization, but this will not affect your rights or our obligations under these Terms and Conditions.
6. USE OF THE WEBSITE AND ACCOUNT SET-UP AND SECURITY
Users are responsible for obtaining their own access to the Website and for the Website’s availability and performance. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website.
The Website includes content that may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Your provision of registration information and any submissions you make to the Website through any functionality (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Notice.
Any username, password, or any other piece of information chosen by you or provided to you as part of our security procedures must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time, and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mail-bombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Website.
7. CONDITIONS OF USE AND USER SUBMISSIONS AND SITE CONTENT STANDARDS
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards (“Content Standards”) apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “Submit”) to the Website, to other users, or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:
8. USER COMMUNICATIONS AND SUBMISSIONS: GRANT OF LICENSE
The Website may contain Interactive Functions allowing User Submissions on or through the Website. However, please be aware that any User Submissions and/or information, including, but not limited to, comments, suggestions, feedback data or the like regarding the site, PBY Capital and its products and services (“Information”) shall be deemed to be non-confidential, and PBY Capital shall have no obligation of any kind with respect to such Information. In addition, PBY Capital shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the Information to others without limitation and to authorize others to do the same. Such Information shall remain the property of PBY Capital and PBY Capital shall be free to use any ideas, concepts, submissions, know-how or techniques contained in such Information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such Information without compensation to the provider of such Information. You agree not to assert any ownership right of any kind in any Information provided to PBY Capital (including, but not limited to, copyright, trademark, unfair competition, moral rights, or implied contract) and to waive the right to receive any financial or other consideration in connection with such Information including, but not limited to, your acknowledgement.
Without limiting the generality of the foregoing, by providing any Information to us, you grant us and our affiliates and service providers, and each of their respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the Information, you declare and warrant that you own or have the necessary rights to submit the Information and have the right to grant the license hereof to us and our affiliates and service providers, and each of their respective licensees, successors, and assigns to the Information and comply with these Terms and Conditions. You represent and warrant that all Information comply with applicable laws and the Information and Content Standards set out in these Terms and Conditions.
You understand and agree that you, not PBY Capital, are fully responsible for any Information you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Information submitted by you or any other user of the Website.
9. SITE MONITORING AND ENFORCEMENT, SUSPENSION AND TERMINATION
PBY Capital has the right, without provision of notice to:
YOU WAIVE AND HOLD HARMLESS PBY CAPITAL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY PBY CAPITAL AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER PBY CAPITAL OR SUCH PARTIES OR BY LAW ENFORCEMENT.
We have no obligation nor any responsibility to any party to monitor the Website or the use of the Website, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
10. CURRENCY
Unless otherwise specified, the currency used throughout the website is in Canadian dollars.
11. PRIVACY
Your use of our Website constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any personal information in accordance with our Privacy Notice https://www.pbycapital.com/privacy-notice/
By using the Website, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze Website use patterns in compliance with our Privacy Notice. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.
12. THIRD PARTY WEBSITES AND LINKS TO THIS SITE
Links to non-PBY Capital websites are provided solely as pointers to information on topics that may be useful to users of the PBY Capital website or communications from a PBY Capital email. PBY Capital does not control the content on such non-PBY Capital websites. PBY Capital makes no warranties, either express or implied, concerning the content of such websites, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does PBY Capital warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such website or content is free of viruses or other contamination. PBY Capital does not guarantee the authenticity of any document on the Internet. Links to non-PBY Capital websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such websites, or any representation regarding the content at such websites. If you choose to access any such sites, you do so at your own risk.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. The Website in which you are linking must comply in all respects with the conditions of use and User Submissions and Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
PBY Capital does not review the sites that link to this site and is not responsible for any of those sites or the contents or materials of those sites that link to this site. Your linking to any other sites or pages is at your own risk. We make no warranties or representations, express or implied, whether by statute, common law, custom, usage or otherwise, as to third party content including, without limitation, non-infringement of third party rights, title, integration, risks of program errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, or unavailability or interruption of the Website or operations, however caused, accuracy, availability, satisfactory quality, and merchantability or fitness for any particular purpose.
13. SOCIAL MEDIA
PBY Capital’s social media accounts may follow other users, share or provide hyperlinks to third-party content and “like/favourite” third-party content. Doing so is intended to provide additional perspective and should not be construed as an endorsement for any individuals, services, products, guidance or points of view. Comments and opinions posted by users are the responsibility of the person who posts them. PBY Capital does not endorse or guarantee the accuracy of the content posted by others. Any opinions expressed by our followers are those of the persons submitting the comments and do not necessarily represent the views of PBY Capital.
PBY Capital reserves the right to block any follower who posts content that is deemed inappropriate or offensive or that constitutes a testimonial, advice, recommendation or advertisement for securities, products or services or that is promotional in nature. PBY Capital also reserves the right to block followers whose social media pages contain offensive or inappropriate content or serve as promotional sites.
14. TRADE-MARKS AND COPYRIGHTS
Certain names, words, titles, phrases, logos, icons, graphics or designs on the pages of PBY Capital’s website or in communications from a PBY Capital email may constitute trade names, registered or unregistered trademarks or service marks of PBY Capital Limited or other third parties.
15. EMAILS
Information included in PBY Capital emails are intended for the use of the individual(s) or entities named and should be treated as privileged, confidential, private and exempt from disclosure under any applicable law. If the reader is not the intended recipient, any dissemination, distribution, copying or use of any kind of this communication is strictly prohibited. If you have received an email from PBY Capital in error, please notify the sender immediately and destroy all copies of the email.
16. BENCHMARKS AND OTHER SOURCES OF DATA
Certain information presented by PBY Capital is obtained from sources other than PBY Capital. PBY Capital endeavours to use reasonable efforts to identify the source of such information.
17. ACCESSIBILITY
PBY Capital Limited is dedicated to treating all people in a way that allows them to maintain their dignity and independence. We are committed to taking all reasonable efforts for persons with disabilities to obtain, use or benefit from our services and facilities by:
PBY Capital Limited has an accessibility plan that is available upon request and in accessible formats and also welcomes feedback on meeting the accessibility needs of individuals with disabilities.
Please contact us by telephone at 1-833-292-5849, e-mail at manager@pbycapital.com.
PBY Capital Limited is also an equal opportunity employer and welcomes employees and applicants with disabilities. If you require accommodation, please contact us to discuss how we can meet your needs.
18. GOVERNING LAW, JURISDICTION, AND GEOGRAPHIC RESTRICTIONS
PBY Capital controls and operates this Website from its headquarters in Toronto, Ontario, Canada. PBY Capital makes no representation that the Website or the materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for complying with applicable local laws. If you access this site from outside Canada, you do so at your own risk and you are responsible for compliance with the applicable laws in your jurisdiction. The Terms and Conditions are entered into in the Province of Ontario and shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada, exclusive of its choice of law rules. Each party to the Terms and Conditions submits to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario and waives any jurisdictional venue or inconvenient forum objections to such courts. In any action to enforce the Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect.
19. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER PBY CAPITAL NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER PBY CAPITAL NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT COMMUNICATIONS TO OR FROM THIS SITE WILL BE SECURE OR NOT INTERCEPTED. YOU ASSUME TOTAL RESPONSIBILITY, COST AND RISK FOR YOUR USE OF THIS SITE, THE MATERIAL AND SITE-RELATED SERVICES.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF- SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAIL-BOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
20. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE WILL PBY CAPITAL, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF PBY CAPITAL OR AN AUTHORIZED PBY CAPITAL REPRESENTATIVE WAS ALLEGEDLY ADVISED, HAD REASON TO KNOW, OR OUGHT TO HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES, OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. IN NO EVENT SHALL PBY CAPITAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF PBY CAPITAL TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION. YOU HEREBY RELEASE PBY CAPITAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE.
21. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless PBY Capital, their affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of the Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, Information, third party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
22. WAIVER
No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
23. SEVERABILITY
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
24. GENERAL
Any consent by PBY Capital to, or waiver of, a breach of these Terms and Conditions of Use which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different, or subsequent breach. PBY Capital may assign its rights and duties hereunder to any party at any time without any notice to you. You may not assign your rights or obligations hereunder without PBY Capital’s prior written consent.
25. ENTIRE AGREEMENT
These Terms and Conditions and our Privacy Notice https://www.pbycapital.com/privacy-notice/ are hereby expressly incorporated herein, and constitute the sole and entire agreement between you and PBY Capital regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.