GDA Luma Capital Management, LP Terms of Use
Last revised October 2024
Please read the terms and conditions in this Terms of Use agreement (the “Agreement”) carefully before accessing this website.
Acceptance of these Terms of Use
By accessing or otherwise using this website (https://www.gdaluma.com) (the “Site”), you agree to be bound by the terms and conditions in this Agreement. If you do not accept these terms and conditions, do not use this Site.
This Agreement is a contract between you and GDA Luma Capital Management, LP and its affiliates (referred to below as “GDA Luma” or “we” or “us” or “our”). This Agreement governs your visit to and use of this Site (including any password-protected areas).
This Agreement applies only to this Site and not to other sites that may be accessible from or linked to this Site. We are responsible only for the content of our own Site and not for other sites that may link to us.
Changes to these Terms of Use
GDA Luma may revise and update this Agreement from time to time in our sole discretion. If we make substantial changes to this Agreement, we may notify you by reasonable means, including by posting an announcement on the home page of the Site. All changes are effective immediately when we post them.
Please check this page each time you access this Site, to ensure that you are familiar with the current version of the Agreement. By continuing to use the Site after we post changes to this Agreement, you accept and agree to the terms and conditions in the revised Agreement.
No Offer or Advice
The content of the Site is for general, informational purposes only. You understand and acknowledge that nothing in this Agreement or the Site constitutes or should be deemed (i) an offer, or solicitation of an offer, to purchase or sell any security or other asset or service; (ii) investment, legal, business or tax advice or an offer to provide such advice; or (iii) a basis for making any investment decision. The Site may not be relied upon in connection with any offer or sale of securities or other assets. Offers can only be made where lawful under, and in compliance with, applicable law.
If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs. Any transactions listed on the Site are included as representative transactions and are not necessarily reflective of overall performance.
Accessing the Site; Account Security
We reserve the right to withdraw, amend, or update this Site, and any service or material we provide on the Site, in our sole discretion without notice, but we do not undertake any obligation to keep the information on the Site up to date. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict users’ (including registered users’) access to the Site, in whole or in part.
GDA Luma may require you to register in order to access the Site or some of the resources it offers. Any and all information that you provide to register is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. All of the information that you provide to register must be correct, current, and complete.
Any username, password, or other information used to access the site (“Credentials”) are confidential. You must not disclose your Credentials to any other person or entity or allow them to use your Credentials to access the Site. You agree to notify us immediately of any unauthorized access to or use of your Credentials.
We have the right to disable any Credentials in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
Ownership
The Site and all content on the Site, such as graphics, logos, articles and other materials (“Content”), are the property of GDA Luma or its licensors. The Content is protected by U.S. and international copyright, trademark, patent, and/or other intellectual property laws. GDA Luma reserves all of its intellectual property rights in the Site and the Content. This Agreement does not grant you any right or license with respect to any such intellectual property.
You agree that you shall not sell, license, copy, reproduce, modify, republish, transmit, edit, adapt, create derivative works from, distribute or otherwise make unauthorized use of any of the Content or intellectual property from the Site without express written permission from GDA Luma. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to extract or discover the source code of the Site or any part of it, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Restrictions on Use
In using the site, you agree to comply with this Agreement and all applicable laws, rules and regulations. You will not encourage, promote, or assist any activity that violates this Agreement.
You agree that you will not, under any circumstances:
· copy or print material from the Site (including but not limited to individual Site pages or any research or reports posted on the Site) for commercial purposes without our prior permission. You must also get our permission before making any copy of the Site (other
than a temporary copy of the Site in RAM incidental to your use of the Site) or portions of it. To request permission, please contact us at info@gdaluma.com;
· interfere or attempt to interfere with the proper functioning of the Site;
· interfere or attempt to interfere with the Site’s networks or network security, or use or attempt to use the Site to gain unauthorized access to any other computer system;
· introduce any viruses, trojan horses, worms, logic bombs, or other malware;
· use any automatic device, process, or means to access or use the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our serves or network infrastructure;
· bypass any measures we take to restrict access to the Site or use any software, technology or device to scrape, spider, or crawl the Site or harvest or manipulate data; or
· publish or link to malicious content.
Notice of Copyright Infringement
If you believe in good faith that any Content appearing on the Site infringes your copyright, please send us a notice containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
(iv) Contact information for the notifying party, including name, address, telephone number, and email address.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send this notice to GDA Luma at info@gdaluma.com.
Information About You and Your Visits to the Site
We use technical means to collect information from users to the Site, as described in our Privacy Policy. All information we collect on this Site is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links to Other Sites
If the Site contains links to other sites and resources provided by third parties (including advertisements or sponsored links), these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites or resources linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites and resources.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that Content or files available for downloading from the Site or the internet will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a process or means for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE.
THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GDA LUMA NOR ANY PERSON ASSOCIATED WITH GDA LUMA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER GDA LUMA NOR ANYONE ASSOCIATED WITH GDA LUMA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, GDA LUMA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF (OR INABILITY TO USE) THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GDA LUMA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND 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 WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Indemnification
You agree to defend, indemnify, and hold harmless GDA Luma, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, 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 violation of this Agreement, your use of the Site, or your use of any Content or information obtained from the Site.
Termination
This Agreement is effective unless and until terminated by either you or GDA Luma. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. We also may terminate this Agreement, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Site.
The following provisions survive the expiration or termination of this Agreement: No Offer or Advice; Ownership; Links to Other Sites; Disclaimer of Warranties; Limitation of Liability; Limitation on Time to File Claims; Indemnification; Governing Law; Waiver and Severability; and Entire Agreement.
Governing Law
You agree that your use of this Site, the Privacy Policy, and this Agreement, and any disputes relating to any of them, shall be governed in all respects by the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule. Any dispute relating to the above shall be instituted and resolved solely and exclusively in the state or federal courts located in New York County, New York, and you consent irrevocably to the personal jurisdiction and venue of those courts.
Waiver and Severability
No waiver by GDA Luma of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GDA Luma to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Entire Agreement
This Agreement and our Privacy Policy constitute the sole and entire agreement between you and GDA Luma regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Accessibility Statement
GDA Luma strives to provide all individuals with equal access to its programs and activities, including through an accessible website. If you have questions, comments, or encounter any difficulty in using this site, please e-mail info@gdaluma.com .
Contact Us
Thank you for visiting our Site. Please contact us at info@gdaluma.com if you have any questions about our Site or our Privacy Policy. Please note that email or other communications through this Site to GDA Luma (or any of its employees, agents or representatives) may not be secure and we do not guarantee the confidentiality of such communications.
Regulatory Disclosures
The content of this Site is for general, informational purposes. GDA Luma does not make any representation or warranty of any kind, express or implied, as to the accuracy or completeness of the information contained herein. Under no circumstances should the information presented be considered an offer to sell, or a solicitation to buy, any security. Such offer or solicitation may only be made pursuant to the current offering documents for the relevant GDA Luma Fund (the “Fund”). While the information provided herein is believed to be accurate and reliable, GDA Luma and its employees make no express warranty as to its completeness or accuracy. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you should pursue any investment strategy, and no information or content on the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Nothing on the Site is intended to be, and you should not consider anything on the Site to be investment, accounting, tax, legal or other professional advice. The information provided on this Site may not be reproduced, distributed or communicated, in whole or in part, to any third party without the express written consent of GDA Luma. This Site includes information regarding historical GDA Luma investments. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to GDA Luma’s past investments should not be construed as a recommendation of any particular investment or security. Any past performance information on the Site is not necessarily indicative, or a guarantee, of future results. The Site may contain forward-looking statements (including those relating to current and future market conditions and trends in respect thereof) that are not historical facts and are based on current expectations, estimates, projections, opinions and/or beliefs of GDA Luma. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. In addition, no representation or warranty is made with respect to the reasonableness of any estimates, forecasts, illustrations, prospects or returns, which should be regarded as illustrative only, or that any profits will be realized. Actual events or results or actual performance of the relevant Fund (or any other entity referred to on the Site) may differ materially from those reflected or contemplated in such forward-looking statements. As a result, investors should not rely on such forward-looking statements in making their investment decisions. No representation or warranty is made as to future performance or such forward-looking statements.