Access to the Columbus Hill Capital Management, L.P. (“Columbus Hill”) website (the “Website”) is provided by Columbus Hill. By accessing, browsing or using this Website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions of use. These terms of use constitute a binding agreement between you and Columbus Hill, and govern your access and use of the Website, which includes any text, graphics, user interfaces, visual interfaces, information, data, tools, products, services and other content (together, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through our Website. If you do not agree to these Terms of Use, you may not access or otherwise use this Website. You may contact Columbus Hill by email with questions about these Terms of Use. For the purpose of these Terms of Use, “Columbus Hill” shall mean Columbus Hill Capital Management, L.P. and its officers, directors, employees and affiliates and its affiliates’ officers, directors and employees.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE IN THEIR THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED BELOW, DO NOT USE THE WEBSITE.
Limited License and Restrictions on Use
Columbus Hill grants you a revocable, non-exclusive, non-transferable, limited right to access, use, display and print the pages within the Website and the materials thereon for your personal and informational use only, provided that you comply fully with these terms and conditions of use, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. At any time and for any reason we may revoke your right to use all or any portion of the Website.
While you are permitted to display, analyze, modify, reformat and print the information made available to you via this Website for your own use, you are not permitted to publish, transmit or otherwise reproduce this information (in whole or in part) in any format to any third party without the express written consent of Columbus Hill. Columbus Hill reserves the right (at any time and from time to time and in the interests of its own editorial discretion and business judgment) to add, change or remove any of the information. These Terms of Use are not intended to (and will not) transfer or grant any rights in or to the information other than those which are specifically described herein. See additional Usage Restrictions below.
Usage Restrictions
By accessing, browsing or using this Website, you agree that YOU WILL NOT:
Information and Content
You assume various risks in using the Website. We make no guarantees, promises or assurances regarding the Website. We make reasonable efforts to provide accurate Content on the Website. However, some Content may be inaccurate, outdated or otherwise inappropriate. Some Content and some of the data used in the Content may come from third parties. We believe that information from these third parties are reliable but we are not responsible for any third party information. Interaction with third parties, inclusive of the investment research and due diligence process, is conducted in accordance with securities laws and the firm’s communications and confidential information policies. Likewise, use of information is subject to and may be limited by firm policies and procedures, securities laws and/or contractual agreements with third parties. We may change any portion of the Website at any time without notice to you. We are not liable for any damage or loss to you resulting from these or any other risks.
THE CONTENT OF THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, FINANCIAL PRODUCT OR INSTRUMENT, WHICH OFFER CAN ONLY BE MADE PURSUANT TO OFFERING DOCUMENTS (WHICH CONTAIN TERMS, RISKS AND OTHER IMPORTANT INFORMATION AND WHICH ARE ONLY PROVIDED BY COLUMBUS HILL TO QUALIFIED INVESTORS). NONE OF THE CONTENT IS TO BE CONSTRUED AS A RECOMMENDATION. NONE OF THE CONTENT IS INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON IN ANY JURISDICTION WHERE SUCH DISTRIBUTION OR USE IS PROHIBITED OR WHERE SUCH DISTRIBUTION OR USE WOULD SUBJECT COLUMBUS HILL TO ANY REGISTRATION REQUIREMENT IN SUCH JURISDICTION. Certain transactions and investments give rise to substantial risk and are not suitable for all investors. There can be no assurance that objectives will be achieved or that any strategy will be effective. The information herein is not intended to provide (and should not be relied upon for) financial, investment, accounting, legal or tax advice.
Although Columbus Hill is registered with the U.S. Securities and Exchange Commission as an investment adviser under the U.S. Investment Advisers Act of 1940, securities issued by Columbus Hill or any of the Funds that it manages have not been registered under the Securities Act of 1933, as amended, or registered with or approved by any regulatory authority, nor has any regulatory authority passed upon the value, adequacy or accuracy of any information on this Website or in any offering documents.
Your Responsibility
You have various responsibilities when using the Website. You alone are responsible for your use of the Website. You agree not to create hyperlinks to the Website from any other website without our express written consent. We are not involved in any dealings between you and any third party. You release Columbus Hill and its affiliates, agents and employees and you agree to hold them harmless from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature that may arise out of or in any way are connected with your use of the Website and any dispute between you and any third party. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY ACTION YOU TAKE OR ANY DECISION YOU MAKE IN RELIANCE ON THE WEBSITE OR THE CONTENT.
Privacy Policy
Columbus Hill will abide by its privacy policy. Personal non-public information that we gather from you will be governed by our Privacy Policy. We have the right but not the obligation to monitor and record activity on the Website and respond as we deem appropriate. We may investigate any complaint or reported violation of our policies and we may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate. Furthermore, we may issue warnings, suspend or terminate use of the Website, deny access to all or part of the Website or take any other action that we deem appropriate. For information on your privacy, please read our Privacy Policy.
Unavailability of the Website
Columbus Hill is not liable for any technological problems and any impact that it may have. All or any portion of the Website may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time the Website may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications. We make reasonable efforts to ensure that the Website is secure but we do not guarantee the security of the Website. We are not liable for any defects, delays or errors in or resulting from your use of the Website.
Warranty Disclaimers
COLUMBUS HILL DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND THE CONTENT THAT THE LAW ALLOWS IT TO DISCLAIM. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT OR GUARANTEE THE SECURITY, AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE WEBSITE OR ANY PART OF THE CONTENT.
Liability and Indemnity
COLUMBUS HILL’S LIABILITY WITH RESPECT TO THE WEBSITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL COLUMBUS HILL OR ANY OF ITS AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THESE TERMS AND CONDITIONS, THE WEBSITE OR ANY CONTENT, OR THE INABILITY TO USE THE WEBSITE, EVEN IF WE, OR AN AUTHORIZED REPRESENTATIVE, HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU WILL BE RESPONSIBLE FOR ANY LIABILITY TO COLUMBUS HILL THAT ARISES OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR ANY CONTENT. YOU AGREE TO INDEMNIFY COLUMBUS HILL AND ITS AFFILIATES, AGENTS, EMPLOYEES AND THIRD PARTY SOURCES AGAINST ANY AND ALL SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT ARISE FROM OR RELATE TO: YOUR USE OF THE WEBSITE OR ANY CONTENT, YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE, REGULATION OR OF ANY THIRD PARTY’S RIGHTS, OR CLAIMS ASSERTED BY THIRD PARTIES WHICH, IF PROVEN, WOULD PLACE YOU IN BREACH OF THESE TERMS AND CONDITIONS.
Non-U.S. Residents and applicable law
The Website is hosted in the United States of America. Columbus Hill makes no representations or warranties that the pages or other materials on the Website are appropriate for use outside the United States. If you choose to access the Website from a location outside the United States, you do so at your own risk, and are responsible for complying with all applicable local laws.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in New York County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts.
Changes to Terms of Use
Columbus Hill reserves the right to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Changes in these Terms of Use will be effective immediately upon posting unless we indicate otherwise. You agree to review these Terms of Use periodically to be aware of any changes. Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes.
Assignment
We may assign these terms and conditions in whole or in part at any time without your consent. You may not assign these terms and conditions or delegate any of your obligations under these terms and conditions. Any purported assignment of these terms and conditions in violation of its terms is void.
Severability of Provisions
If any provision of these Terms of Use are found invalid or unenforceable, that provision shall be deemed severable from the remaining provisions of these Terms of Use and the remaining provisions shall remain in full force and effect. These Terms of Use constitute the entire understanding, and supersede all other understandings, between you and Columbus Hill concerning the subject matter hereof.