Terms of Service

Last Updated: June 11, 2021

 

Welcome to the website hosted by ROX Financial LP and its affiliates, series and subsidiaries (“ROX”). By using this website, you agree to all of the terms and conditions outlined in these Terms of Service (“Terms”), our Privacy Policy, and other notices and agreements posted on this website. If you do not agree with the Terms, or if you are unwilling or unable to be bound by them, you should immediately cease use of this website.

ROX shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms, in whole or in part, at any time without notice or liability to you. Any changes to these Terms shall be effective immediately following the posting of such changes on this website and we will note near the top of this page the date that any changes are made. You agree to review these Terms from time to time and agree that any subsequent use by you of this website following changes to these Terms shall constitute your acceptance of all such changes.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME AND IN OUR SOLE DISCRETION WHENEVER ROX DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF THESE TERMS.

 

Use of Website

 

ROX grants you permission to view and access a single copy of the content available on or from this or other ROX websites solely for your use and subject to the restrictions in these Terms. By using the website, you agree (a) that you are 18 years of age or older and have the requisite power and authority to enter into these Terms, (b) to not use the website in violation of any laws, regulation or court order, or for any unlawful or abusive purpose, (c) to not use the website in any manner unintended by ROX, (d) to not use the website in any manner that could harm ROX, its service providers, its affiliates, or any other person, and (e) to comply with any other reasonable requirements or restrictions requested or imposed by ROX.

Prohibited Uses

 

ROX specifically prohibits any use of the website for any purposes other than designated by ROX. You agree not to use the website for any purposes other than those designated by ROX. This prohibition includes but is not limited to:

  • Uploading, storing, posting, publishing, displaying, or creating messages or content related to pornography, or that are bullying, violent, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, abusive, obscene, threatening, harassing, racially or otherwise offensive, or that ROX deems in its sole discretion to be inappropriate for this website;

  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website;

  • Taking any action that imposes an unreasonable or disproportionately large load on this website’s infrastructure, including by not limited to transmitting spam or using other such unsolicited mass emailing techniques;

  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from ROX and other generally available third party web browsers;

  • Attempting to decipher, decompile, disassemble or reverse engineer any part of this website or the software comprising this website;

  • Aggregating or copying in any manner any of the website content or information available from this website;

  • Framing of or linking to any of the website content or information available from this website, other than links to the home page of this website;

  • Participating in a denial-of-service attack against this website or against any other website or computer environment by using this website;

  • Collecting or attempting to collect any information of others, including passwords and account or other information, or providing to or transmitting through this website any material that is unlawful or violates the rights of others;

  • Engaging in any screen scraping or data acquisition and consolidation;

  • Copying or adapting the HTML, asp.net, vd.net, XML, java script or any other dynamic code that ROX creates to generate any website content or the pages making up this website;

  • Infringing the intellectual property rights of others in any way;

  • Making any unauthorized commercial use of this website; and

  • Engaging in any action that in any way that violates Federal, State, local, or other applicable laws or regulations.

 

ROX will cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users who violate these Terms and may disclose your information to such law enforcement officials and/or agencies if required by law.

 

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigation and take appropriate action at our sole discretion.

Accounts

 

We may from time to time offer the ability to create accounts through our websites for one or more purposes.  If we offer accounts, you will be required to create a user name and password that meets our requirements and to expressly agree to be bound by these Terms and our Privacy Policy.  You may not share your account with any other person, other than your spouse or partner whom you trust and agree may have access to your account and any information contained in your account (including any personally identifiable information and account numbers).  You must protect the confidentially and security of your user name and password, and are solely responsible for any actions taken through your account by someone to whom you have disclosed your user name and password.

 

You may terminate your account at any time by contacting us.  We reserve the right to retain your account information in inactive status indefinitely (but are not required to do so and may delete it at any time), unless you ask us to delete your account.

 

We reserve the right to suspend or terminate your access to our websites or your account, or delete your account, if (a) you breach these Terms or any terms specific to your account or the services being provided or (b) we are required to do so to comply with law or a court order.

Site Security Rules

Users are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ROX will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Use of Website Content

The content on the website represents the information as at the date of publication. As conditions change, ROX reserves the right to alter and update the content to reflect the new conditions. All information and content included on the website is provided “as is” and without warranty of any kind, either expressed or implied. ROX does not assume any responsibility or liability for errors, inaccuracies or omissions in any of the articles or information posted on the website.

 

The website content may contain inaccuracies or typographical errors. This website may contain certain historical information that is not current and is provided for your reference only. Further, ROX is not responsible if information made available on this website is not accurate, reliable, complete, timely, or current. Any reliance upon the material on this website will be at your own risk. We reserve the right to modify the contents of the website at any time, but we have no obligation to update any information on this website. You agree that it is your responsibility to monitor changes to the website.

 

We may withdraw or amend this website, or any of the content on the website, at any time and without notice. Withdrawal or amendment of the website will not and does not make ROX liable if any part of the website is unavailable. We may at times restrict access to some or all of the website to users.

 

No Investment Advice

Nothing contained in this website constitutes an offer, solicitation or recommendation regarding any investment management product or service, or the offer to sell or the solicitation of an offer to buy any security; nor shall any such services be provided, or securities be offered or sold, in any jurisdiction in which such an offer, solicitation, provision or sale would be unlawful.

Any offer of securities by ROX Financial LP or its series or its affiliates will be made only through a specific offering document pursuant to federal and state securities laws. These web pages do not contain all relevant information necessary to make a decision whether to invest in ROX Financial LP or its series or its affiliates.

 

No person has been authorized by ROX to give any information or to make any representation, warranty, statement or assurance not contained in an offering document, and, if given or made, such other information or representation, warranty, statement or assurance may not be relied upon.

 

Nothing contained in this website is intended as investment, tax, or accounting advice. The information provided on this website is for informational purposes only and investors should determine for themselves whether a particular service or product is suitable for their investment needs or should seek such professional advice for their particular situation.  Please refer to offering documents for further information concerning specific products or investments.

 

Certain of the statements contained in this website may be statements of future expectations and other forward-looking statements that are based on management's current views and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. In addition to statements which are forward-looking by reason of context, the words “may, will, should, expects, plans, intends, anticipates, believes, estimates, predicts, potential, or continue” and similar expressions identify forward-looking statements.

 

The matters discussed herein may also involve risks and uncertainties described from time to time in filings with the U.S. Securities and Exchange Commission. ROX is under no obligation to update any forward-looking information contained herein.

Claimed Copyright Infringement

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that any copyrighted work has been uploaded to this website and is accessible on this website in a way that constitutes infringement of a copyright, please notify us by providing ROX with the following information:

 

The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;

A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;

 

Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring (you must include enough information to allow us to locate the material or the activity);

 

Your name, address, telephone number, and e-mail address;

A statement by you that you have a good faith belief that use of the copyrighted work on the website in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and

A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

 

Such DMCA notices should be sent to the ROX Legal Department, which is the agent to receive notices of claims of copyright infringement on the website. The Legal Department may be contacted at legal@roxfinancial.com.

 

Copyrights and Trademarks

All content included on the website, such as text, videos, graphics, logos, button icons, images, and software, is the property of ROX and is protected by the United States and international copyright, trademark, or other laws. You may not copy, modify, or distribute the contents of the website without the express written permission of ROX. Nothing contained herein confers by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary right of ROX. ROX reserves any rights not expressly granted to you.

 

Any ROX trademarks and trade names, now existing or created in the future, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of ROX, and any unauthorized use of such trademarks and trade names is unlawful. Other trademarks on this website are the property of their respective owners and may not be used by you in any form.

 

You may not modify the website content or reproduce, display, publicly perform, or distribute the website content in any way for any purpose. The use of the website content on any other website or in a networked computer environment for any purpose is prohibited.  Notwithstanding the foregoing:

  • You may allow your computer, tablet, or mobile device to store copies of such website materials in RAM as is incidental to accessing and viewing website materials;

  • You may allow your computer, tablet, or mobile device to store files automatically cached by a web browser for the purpose of enhancement display;

  • For personal, non-commercial use, you may print or download website pages and content, but such printing or downloading may not be for additional reproduction, publication, or distribution; and

  • You may download applications for your computer, tablet, or mobile device, or other applications, that we provide for personal, non-commercial use and subject to our end user license agreement for such applications.

 

However, such allowances do not give you permission to modify copies made of website content.

 

Children Under 13 Years of Age

We neither market our website to children under the age of 13 nor knowingly collect personally identifying information from children under 13. Website visitors who are under the age of 13 may not use our websites or send us personally identifying information. If we learn that personally identifying information regarding a child under the age of 13 has been improperly collected on our websites, we will delete such information.

Links

 

For your convenience, this website may contain links to other websites and banner ads that take a visitor to another website. Please be aware that those websites are not under the control of ROX and ROX is not responsible for the content or terms of use of such other websites. ROX does not monitor, make any representation with respect to, or assume any liability with respect to any third party websites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party websites. Users are encouraged to be aware of the specific content on the other websites when they leave this website and to read the applicable terms of use and other website requirements.

 

DISCLAIMERS

 

ROX MAKES NO WARRANTIES OR REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE SECURE AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ROX IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HOWEVER, SOME LAWS MAY PROHIBIT THE DISCLAIMER OF CERTAIN TYPES OF WARRANTIES. THEREFORE, THE FOREGOING DISCLAIMER DOES NOT AFFECT EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. ROX DOES NOT EVALUATE OR GUARANTEE THE ACCURACY OR BENEFITS OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. ROX MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE TRANSMISSION OF FILES AND INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, ROX DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH ROX (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION).

 

LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER ROX NOR ANY OF ITS SERIES, SUBSIDIARIES THEREOF, AFFILIATES, AGENTS, REPRESENTATIVES AND PARTNERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS ROX TAKES OR FAILS TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU TRANSMIT. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.  THIS LIMITATION APPLIES TO ALL CLAIMS REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF A TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, AND STRICT LIABILITY, OR OTHERWISE.  HOWEVER, SOME LAWS MAY PROHIBIT THE LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

YOUR LIABILITY

 

IF YOU CAUSE A TECHNICAL DISRUPTION OF THE WEBSITE OR THE SYSTEMS TRANSMITTING THE WEBSITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM THAT DISRUPTION.

 

INDEMNITY

 

YOU HEREBY RELEASE, DISCHARGE, AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ROX, INCLUDING BUT NOT LIMITED TO ITS SERIES, SUBSIDIARIES THEREOF, AFFILIATES, AGENTS, REPRESENTATIVES AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM: (A) YOUR ACCESS TO OR USE OF THE WEBSITE; (B) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY; (C) ANY MATERIAL YOU PROVIDE TO ROX’S WEBSITE THAT IS INACCURATE OR UNTRUE; OR (B) YOUR BREACH OF THESE TERMS OF SERVICE OR ROX’S PRIVACY POLICY. ROX SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. YOU HEREBY AGREE NOT TO SETTLE ANY SUCH MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF ROX. ROX RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.

 

Breach of Agreement

ROX reserves the right, in its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration and your ability to access this website, and/or any other service provided to you by ROX, upon any breach by you of these Terms, or if ROX is unable to verify or authenticate any information you submit to the website.

Additional Terms and Conditions

This website is intended solely for residents of the United States.  ROX makes no claims that the website content may be lawfully viewed or accessed in any specific country. Access to the website content may not be legal by certain persons or in certain countries. When you access the website, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of laws. You consent to the exclusive jurisdiction of the courts located in the State of Delaware in connection with any action arising out of or related to these terms of use or their subject matter and waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens in any such action.

 

If any court having competent jurisdiction holds any provision of these Terms invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.

These Terms, the Privacy Policy,  and any other specific terms or agreements provided through this website constitute the entire agreement between you and ROX with respect to use of the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.  No changes to these Terms shall be made except by a revised posting on this page.