PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. These Terms and Conditions of Use (“Terms”) are intended to constitute a binding agreement that conditions your use of the websites of Lument Finance Trust and/or its affiliates (“Lument”, “we”, “us” and “our”), and any sites that are automatically redirected to them (collectively, the “Sites”).
Lument will not treat users of the Sites as its partners, clients, customers or investors by virtue of their accessing the Sites. Nothing contained in these Terms is intended to modify any other written agreement you may have with Lument, if any, that may be currently in effect. In the event of any inconsistency between these Terms and any other written agreements with Lument, the terms of the other written agreements will govern. Some pages within the Sites contain supplemental terms and conditions and additional disclosure and disclaimers, which are in addition to these Terms. In the event of a conflict, such supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
When we refer to “you” or “your” we mean the person accessing the Sites. If the person accessing the Sites acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business or organization.
Disclaimers and Limitation of Liability
THE SITES AND ALL INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). LUMENT MAKES NO WARRANTY THAT THE SITES WILL BE UNINTERRUPTED, RELIABLE, ERROR-FREE, VIRUS-FREE, MALWARE-FREE, CURRENT, ACCURATE OR COMPLETE, OR WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU AGREE THAT TEMPORARY INTERRUPTIONS OF THE SITES MAY OCCUR AND WE HAVE NO CONTROL OVER ANY THIRD PARTY NETWORKS IN CONNECTION WITH OUR SERVICES OR ANY DELAYS OR DISRUPTIONS OF NETWORK TRANSMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LUMENT AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUMENT AND ITS AFFILIATES SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY DAMAGES WHATSOEVER ARISING FROM USE OR INABILITY TO USE THE SITES OR MATERIALS CONTAINED THEREIN (INCLUDING WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LIABILITY IN RELATION TO ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS OR THE USE OR INTERPRETATION BY OTHERS OF SUCH INFORMATION OR MATERIALS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF LUMENT, ITS AFFILIATES OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF LUMENT AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU TO LUMENT, IF ANY, FOR YOUR ACCESS TO THE SITES. PLEASE NOTE THAT SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
NOTHING CONTAINED IN THE SITES CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE SITES CONSTITUTES A SOLICITATION OR OFFER BY LUMENT, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY PARTNERSHIP INTEREST, SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE INFORMATION PROVIDED ON THE SITES AND ANY DECISIONS BASED ON SUCH INFORMATION. YOU AGREE THAT LUMENT IS NOT LIABLE FOR ANY ACTION YOU TAKE OR DECISION YOU MAKE IN RELIANCE ON ANY INFORMATION OR OTHER CONTENT CONTAINED IN THE SITES. AS A CONDITION OF ACCESSING THE SITES, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AGREE TO HOLD LUMENT AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.
The Sites are for general informational purposes only. The Sites do not provide specific investing advice or strategies to any individual. The investments and strategies discussed on the Sites may not be suitable for all investors and are not obligations of or guaranteed by Lument or any of its affiliates. The investments are not bank deposits and are not insured by the Federal Deposit Insurance Corporation or any other entity and are subject to investment risks, including the loss of the principal amount invested.
PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The investment return and principal value of an investment may fluctuate, and, as a result, with respect to products which provide for redemptions, your redemption value may be more or less than original cost.
The Sites, the information thereon and any documents to which the Sites refer may contain forward-looking statements, which reflect our views with respect to, among other things, the operations and financial performances of our businesses. You can identify these forward-looking statements by the use of words such as “believe,” “expect,” “may,” “should,” “seek,” “potential,” “intend,” “will,” “plan,” “predict,” “outlook,” “aim,” “anticipate,” “continue,” “approximately,” “estimate” or the negative of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We can make no assurance that our future performance will match our expectations. Except as required by applicable law, Lument undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
Any transactions described on the Sites as having been engaged in by Lument are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by Lument and are not necessarily reflective of overall performance.
Restrictions on Use of Sites and Sites Materials
Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Sites are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Lument and/or its affiliates. No material from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Sites, including, without limitation, any text, images, audio and video, for public or commercial purposes without Lument’s written permission. Modification or use of the information or materials for any other purpose may violate the copyright, trademark and other intellectual property rights of Lument and/or its affiliates. Lument does not grant any license or right to use any registered or unregistered trademarks or service marks displayed on the Sites.
If you violate any part of these Terms, your permission to access or use the Sites and content of the Sites automatically terminates and you must immediately destroy any copies of such content in your possession or control. We reserve the right, in our sole discretion and without notice to you, to terminate or suspend your user account and your license to use the Sites and prevent your future access to and use of the Sites.
Unless otherwise specified, the materials in or accessible through the Sites are directed at residents of the United States, its territories, possessions, and protectorates. The Sites are controlled and operated by Lument from its offices within the State of New York, United States of America. Neither Lument nor any of its affiliates make any representation that materials in or accessible through the Sites are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Sites is not 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 or regulation or which would subject Lument and/or its affiliates to any registration or other requirement within such jurisdiction or country.
Transmissions to and from the Sites
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Sites may not be secure. Any communications to Lument should be sent to the contact information provided in the “Contact Us” section of the Sites. You are responsible for any content that you post on the Sites or submit to us via contact forms on the Sites, email, social media accounts or otherwise, including your feedback, comments, questions, ideas, suggestions, survey responses or other information or materials (“User Materials”). By submitting any User Materials, you hereby grant to Lument an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license to use, display, reproduce, publish, transmit, store, modify and create derivative works of your User Material. Further, if you provide any feedback, suggestions, ideas, know-how or other information (“Feedback”) to Lument via the Sites or otherwise, you hereby assign to Lument all rights in the Feedback and agree that Lument may use such Feedback for any purpose without compensation to you. Lument will treat all User Materials and Feedback as non-confidential and non-proprietary, and you agree that you will not submit to Lument any information considered to be confidential or proprietary. You hereby represent and warrant that any User Materials and Feedback you submit to us is either your original content or that you have obtained all necessary rights to your User Materials and Feedback, including the right to authorize us to use your User Materials and Feedback as set forth in these Terms.
Password Security and Notification
Access to certain parts of the Sites requires a login. You agree that you will submit complete and accurate registration information as requested by the Sites’ registration forms and maintain the accuracy of this information by promptly updating your registration information with any changes. These Terms shall be incorporated into, and form an integral part of, any registration form submitted by you. If you have a user name, password or Personal Identification Number (PIN) for access to non-public areas of the Sites, you are solely responsible for all activities that occur in connection with your login credentials. Accordingly, you should take steps to protect the confidentiality of your login credentials. You agree that you will notify Lument immediately if you become aware of any disclosure, loss, theft or unauthorized use of your login credentials. If you disclose or otherwise allow discovery of your login credentials to or by any person(s) or entity, you assume all risks and losses associated with such disclosure. Lument is not responsible or liable for any liability, damages, loss or expenses arising in any way from the use of your login credentials.
Links to Other Web Sites and Services
Lument does not review or monitor any websites linked from or to the Sites and is not responsible for the content of any such linked websites. If you decide to access linked websites, you do so at your sole risk. Neither Lument nor any of its affiliates are responsible for the information, materials, products or services obtained on or from such other websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such websites. Any advice, opinions or recommendations provided by the linked site providers are those of such providers and not of Lument. Any links from or to other websites are provided merely for the convenience of the users of the Sites and the inclusion of these links does not imply an endorsement, representation or warranty by Lument or any of its affiliates with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. Your participation in any linked site, including payment for and the delivery of goods and services, is based solely on the agreement, if any, between you and the linked site provider. In addition, you agree not to link any of your websites or any third-party website to any of the Sites without the express prior written consent of Lument, which may be withheld, conditioned or delayed in our sole and absolute discretion. Lument reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to the Sites.
No waiver by Lument or any of its affiliates of any right under or term or provision of these Terms will be deemed a waiver of any other right, term or provision of these Terms at that time or a waiver of that or any other right, term or provision of these Terms at any other time.
Governing Law and Consent to Jurisdiction
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
By using the Sites, you agree that Lument, in its sole discretion, may require you to submit any disputes arising from the use of the Sites, related services or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this agreement or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding such rules, however, any such proceeding shall be governed by the laws of the State of New York.
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