PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“WEBSITE”).
By accessing this web site and any materials presented herein (the “Site”), you accept in their entirety the following terms and conditions pertaining to the use of the Site. Summit Street Capital Management, LLC (“Summit Street”) and its affiliates (collectively “Summit Street”) reserve the right to change the terms, conditions and notices under which this Site is offered without notice at any time. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.
The Website and all information submitted, transmitted or used in connection with the Website is located and shall for all purposes be deemed to be located and used exclusively in the United States of America. If you do not agree to all of the terms, conditions, and practices set forth below, please do not access the Website or any of its pages. Use of the Website or any of its functions other than to view these Terms for the first time is an acceptance of the terms, conditions, and practices described in these Terms.
1. Disclaimers
Under no circumstances should any material at the Site be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any investment fund or account sponsored or managed by Summit Street. Any such offer or solicitation can and will be made only by means of a Confidential Private Placement Memorandum (and the risk factors included therein), Subscription Documents and other offering materials (collectively, the “Offering Materials”) of each such investment fund or equivalent material for each separately managed account, only in jurisdictions in which such an offer would be lawful and only to individuals or other investors who meet the investor suitability and sophistication requirements of each such investment fund, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended. Access to information about the investment funds is similarly limited to individuals or other investors who meet the applicable investor suitability and sophistication requirements. An investment in any security, including the securities described herein, involves risks including the potential loss of some or all of the investment. Any person subscribing for securities must be able to bear the risks involved. Some or all alternative investments may not be suitable for certain investors.
Nothing contained on this Website constitutes tax, legal, insurance or investment advice, nor is it 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. Decisions based on information contained on this Website are the sole responsibility of the visitor. In exchange for using this Website, the visitor agrees to indemnify and hold Summit Street, its officers, managers, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of this Website, from your violation of these Terms or from any decisions that you make based on such information.
Investment products and services are available through Summit Street. Investment products and services are not FDIC-insured, are not deposits or obligations of, or guaranteed by, any bank, and involve investment risks, including the possible loss of the principal amount invested. Any discussion of the risks contained herein with respect to any product or service should not be considered to be a disclosure of all risks or a complete discussion of the risks which are mentioned.
2. No Warranty
All Information and Services are provided "as is", and Summit Street and its respective officers, directors, principals, agents and employees make no warranty of any kind, express or implied, including without limitation, as to non-infringement of third-party rights, merchantability, or fitness for a particular purpose. Furthermore, Summit Street does not warrant, either expressly or implicitly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and does not warrant that the functions contained in this Website will be uninterrupted or error-free, that the Website will be secure, that defects will be corrected, or that the Website will be free of viruses or other harmful components. Summit Street expressly disclaims all liability for errors and omissions in the materials on this Website and for the use or interpretation by others of information contained on the Website.
3. Ownership of Intellectual Property
Copyright in all information, materials and other content contained in this web site is owned by Summit Street unless otherwise indicated, and is protected by US and international copyright laws and treaties. Summit Street expressly prohibits the dissemination, reproduction or transmission of such information, materials and other content.
Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grant or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of Summit Street or any of its affiliates. Summit Street reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site.
Summit Street grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site.
4. Links to Other Web Sites
Your use of the hyperlinks on this web site to other Internet web sites is at your own risk. Summit Street is not responsible for the content or accuracy of third-party web sites hyperlinked from this web site, nor does it guarantee the products or services offered on third-party web sites. You should review the privacy statements of a web site before you provide any personal or confidential information.
5. Transmission of Information
As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Website or communicating with Summit Street through the Internet or other electronic and wireless services. Any computer system or other electronic device can experience unanticipated outages or slowdowns, or have capacity limitations. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. Communications containing confidential information may be sent by mail to Summit Street Capital Management, LLC, 509 Madison Avenue, Suite 502, New York, NY 10022.
6. No Duty to Inquire
You agree that Summit Street is not under any duty to inquire or assume responsibility as to the authenticity or propriety of any instructions given by you to Summit Street. Summit Street will not be liable for any loss, cost, expense or other liability when following any instructions that Summit Street reasonably believes to be genuine.
7. Use of Information and Services
You are permitted to use the Information and Services only for your own personal, non-commercial use. You may not:
- Use this Website in any manner that could damage or overburden any Summit Street server, or any network connected to any Summit Street server.
- Use this Website in any manner that would interfere with another party’s use of the Website.
- Include the term “Summit Street,” or any Summit Street trademark or executive’s name, or any variation of the foregoing, as a meta-tag or hidden textual element.
- Use this Website or the Information and Services in any manner that could create impression of affiliation or endorsement by Summit Street.
8. Termination
Summit Street may terminate your use of the Information and Services at any time, for any reason or no reason. Any unauthorized use of this Information or Services shall result in automatic termination of your permission to use of the Information and Services.
9. Governing Law and Jurisdiction
These Terms of Use are governed by the internal laws of the State of New York, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in New York County, New York, U.S.A., as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site.
