TERMS OF USE

Crosby Capital Management, LLC (hereinafter “CROSBY CAPITAL”) sets forth the following Terms of Use (hereinafter “Terms of Use” or “terms”), which are a legal and binding agreement between you and CROSBY CAPITAL Governing your access to and use of this website, any website maintained by CROSBY CAPITAL that links to these terms, and any mobile application(s) currently in use or as we may introduce from time to time (the website(s) and mobile applications, or any portion thereof, are hereinafter referred to as the “Site”). As such, by using our Site and/or service, you agree to be bound by these terms.

Privacy Policy

Please review our Privacy Policy as posted on this Site at https://crosbycap.com/privacy/, which is incorporated herein by reference, and also governs your use of the Site.

Communications

To ensure that consumers’ inquiries are handled accurately, phone calls between you and CROSBY CAPITAL or any of our investor relations representatives, agents, and/or affiliates may be recorded. CROSBY CAPITAL may from time to time make calls and/or send text messages to you at any telephone number associated with your account. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or an automatic telephone dialing system. You certify, warrant, and represent that the telephone numbers you have provided to us are your contact numbers and you are permitted to receive calls at each of the telephone numbers you have provided.

Consent to Be Contacted

By providing your email address, mailing address and/or phone numbers you agree to receive communications from CROSBY CAPITAL, for example emails, text messages, other electronic means of communication and/or physical mail, of any kind. You agree that agreements, notices, disclosures, and other communications that we provide to you via email, text message and/or another electronic means satisfy any legal requirement that such communications be in writing.

Content is Information Only

This website is for informational purposes only. Neither the information, nor any opinion contained on this site constitutes a solicitation, recommendation or offer to buy or sell any product (including futures, commodities, securities, or other financial instruments) or service, nor shall any such product or service be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful under the laws of that jurisdiction. Nothing contained on this website constitutes investment, legal, tax, regulatory or other advice, nor should it be relied upon in making an investment or other decision.
If you base a decision on information contained on this website, you will be solely responsible for that decision. Any price or performance data appearing on this website is not a reliable indicator of future results and no warranty, express or implied, is made regarding future performance. You should obtain relevant and specific professional advice before making any investment decision.

Use of Site

CROSBY CAPITAL hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site solely for your personal use in accordance with these terms. You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site. You agree not to obscure, delete or modify any notices or legends contained in any content that you copy or download from the Site. CROSBY CAPITAL may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Site and services, or (b) change, revise, or modify the Site and services. CROSBY CAPITAL reserves the right to review and remove any posted materials for any reason, and to disclose materials as necessary pursuant to any legal proceeding or governmental request.
You agree not to: (a) use any device, software or routine to interfere or attempt to interfere with the proper working of this website; (b) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up this website; or (c) delete or alter any material posted on this website, in each case without the express written consent of CROSBY CAPITAL.
When you post or transmit content to the Site or our service, you hereby grant CROSBY CAPITAL a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, throughout the world in any media. If you submit feedback or suggestions about our Site or service, you agree that CROSBY CAPITAL may use your feedback or suggestions without any obligation to you.

Restrictions on Use

You agree not to attempt to access any information that CROSBY CAPITAL has not intentionally made available to you; to copy or resell any CROSBY CAPITAL content or materials; or to scrape, crawl or hack the Site in any way. If you copy or download any information that CROSBY CAPITAL has made available to you, you agree not to obscure, delete or modify any notices or legends contained therein. When using the Site or service, you agree not to: (a) engage in any conduct that violates the law, (b) collect information about others without their consent, (c) attempt to inhibit others from using the Site or service, (d) upload files protected by the legal rights of another or upload files that may damage the computer of another, (e) advertise any service, (f) communicate anything inappropriate, defamatory, obscene, indecent, threatening, or profane, and/or (g) falsely represent yourself or your situation.

Electronic Signatures

When using this Site or our service (or the service of our partners), you consent to the use of electronic signatures in accordance with the federal United States Electronic Signature in Global and National Commerce Act (ESIGN) and state Uniform Electronic Transactions Acts (UETAs). You agree that no certification authority or other third-party verification is necessary to validate your electronic signature and that the lack of such certification or verification will not in any way affect the enforceability of your electronic signature or any contract so electronically signed.

Indemnification

You agree to defend, indemnify and hold harmless CROSBY CAPITAL, its affiliates, directors, officers, employees and shareholders from any and all claims, liabilities, losses, damages, expenses, including reasonable attorneys’ fees and costs, arising out of any claims relating to your use of this service, website and materials therein.

Controlling Law and Venue

You agree that the terms herein as well as any disputes arising from my use of CROSBY CAPITAL and its website shall be governed by and interpreted in accordance with the laws of the Florida, excluding its conflicts of law principles.

Disclaimer of Warranty and Limitation of Liability

The Site and all materials provided are provided on an “AS IS” basis. The Site may contain technical or typographical errors. Thus, use of the Site and materials provided is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, CROSBY CAPITAL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THIS SITE AND/OR ANY ONLINE SERVICE, AND HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING,WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. MOREOVER, CROSBY CAPITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE INFORMATION ON OUR SITE OR ON ANY WEBSITE WE LINK TO. CROSBY CAPITAL EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM ACTIONS TAKEN OR NOT TAKEN BASED UPON THE CONTENTS OF THIS SITE.

Agreement to Dispute Resolution By Binding Arbitration

If you have any concerns with your usage of this service or website, please contact CROSBY CAPITAL immediately so that we may address the matter. We want you to be satisfied with your experience. However, if it is not possible to resolve a dispute, then CROSBY CAPITAL and you mutually agree that any and all disputes and/or claims will be resolved through binding arbitration.
As a condition of using this service and website, CROSBY CAPITAL and you mutually agree to waive any right to a trial by jury or participation in a class action suit. CROSBY CAPITAL and you mutually agree that we may only resolve disputes or bring claims in our individual capacity, not as a plaintiff or class member in any class, consolidated or representative action.
Arbitration shall be conducted under the auspices of the Judicial Arbitration and Mediation Services (“JAMS”), in accordance with the chosen association’s rules and the laws of the State of Florida. The arbitrator shall have the power and obligation to decide all matters submitted. In the event that the arbitrator decides that a dispute or claim is not subject to arbitration, CROSBY CAPITAL and you mutually agree that all such disputes or claims shall be governed by and interpreted in accordance with the laws of the State of Florida, excluding its conflicts of law principles. In the event that the arbitrator decides that a dispute or claim is not subject to arbitration, CROSBY CAPITAL and you mutually agree that any and all legal proceedings shall be instituted in a Florida court.
Notwithstanding the agreement to arbitrate as described above, the following exception applies to the resolution of disputes: Injunctive relief – CROSBY CAPITAL may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of our service or any intellectual property infringement. In such instances, CROSBY CAPITAL may seek injunctive relief without first engaging in the arbitration process described above.

Severability and Integration

If any part of these terms is found invalid or unenforceable, that part shall be construed so as to reflect, as closely as possible, the original intent of the parties, and all remaining parts shall remain in full force and effect. Any failure to enforce a portion of the terms is not a waiver of the right to do so later.

Waiver

No failure or delay by CROSBY CAPITAL in exercising any of its rights, powers, or remedies will operate as a waiver of such rights, powers, or remedies.

Our Intellectual Property

The Site and CROSBY CAPITAL software, systems, technology, and know-how are owned by or licensed to CROSBY CAPITAL and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site and our service are owned by or licensed to CROSBY CAPITAL and protected by U.S. and international trademark laws.
Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any CROSBY CAPITAL intellectual property rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any CROSBY CAPITAL intellectual property except as expressly provided in these terms.

Copyrights

Copyright © 2023 Crosby Capital Management, LLC. All rights reserved. All materials presented on this site are copyrighted and owned by CROSBY CAPITAL, unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.

Trademarks

CROSBY CAPITAL and Crosby Capital Management, LLC are trademarks owned by Crosby Capital Management, LLC. Any third-party use of such trademarks is expressly prohibited, without the written authorization and permission of Crosby Capital Management, LLC.

Changes to Terms of Service

We may modify these terms at any time by making such changes to this page. Accordingly, it is your responsibility to review these terms periodically.

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