Effective as of: September 1, 2022
Gauge Capital LLC (“Gauge”) thanks you for visiting our website. These Terms and Conditions (the “Terms”) apply to your access to, and use of, this website which is located at https://gaugecapital.com (the “Website”). Gauge reserves the right to update these Terms at any time without notice to you.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. While using this Website you will have access to INTELLECTUAL PROPERTY INCLUDING, but not limited to, TEXT, images, logos, audio, and video which BELONG TO GAUGE, ITS AFFILIATES AND LICENSORS. The following terms apply both to your access to the Website as well as your access to and use of the webSITE’S CONTENTS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS THIS WEBSITE OR ACCESS OR USE THE CONTENTS.
RESTRICTIONS ON USE
The intellectual property (the “Contents”) found on this Website belong to Gauge, its affiliates and licensors and are not for sale or distribution to any third party. Further, the use or distribution of the Contents may be restricted by the laws and regulations of the country from which you are accessing this Website. Where such restrictions exist, use of or access to the Contents may not be permitted, and people accessing this Website are required to inform themselves of, and to abide by, any such applicable restrictions. Gauge reserves the right to discontinue the transmission of information found on this Website, or to take down this Website, or parts of this Website, at any time, in whole or in part, in its sole discretion and without notice to you. Gauge reserves the right to temporarily or indefinitely suspend or terminate your use and access to any non-public parts of this Website for any reason or no reason at all in its sole discretion at any time.
You are not permitted to (a) create derivative works of, or copy or modify the Contents in any way; (b) remove or modify Gauge’s copyright notices, trademark, logo, legend or other text or graphics found on this Website; (c) defeat, disable or circumvent any protection mechanism related to this Website; (d) rent, lease, distribute (or redistribute), provide or otherwise make available the Contents, in any form, to any third party; or (e) “frame” or “mirror” this Website or any portion thereof.
You may not use the Website to participate in any activity that is in violation of any federal, state or local law. You shall not disable, hack, circumvent or otherwise interfere with security-related features on the Website, or features that prevent or restrict use or copying of any of its Contents. You shall not destroy, interfere with or disrupt (including scan, probe or test the vulnerability of), any web pages available on the Website, servers or networks connected thereto, or the technical delivery systems of Gauge’s providers, or break any requirements, procedures, policies or regulations of networks connected thereto. You will not interfere with or disrupt the Website by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
Unless otherwise indicated, the Contents found on this Website are the property of Gauge, its affiliates and licensors, and are not licensed to you for use in any way. Some Contents found on this Website may be presented along with a list of restrictions regarding use and these restrictions may vary from one item to the next. You agree to abide by any restrictions that accompany the Contents. You also agree to indemnify and hold Gauge and its respective officers, directors, employees, agents, successors and assigns, harmless from and against any and all claims, suits or proceedings, demands, losses, damages, liabilities and costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or resulting from your actual or alleged misuse or infringement of any patent, trademark, copyright, trade secret, or other intellectual property right in connection with your use of the Contents in violation of any such restrictions.
If any of the Contents downloaded from this Website are used to create new works of authorship, all right, title and interest to such derivative works shall be owned by Gauge in their entirety and you are obligated to inform Gauge of the creation or intended creation of any such derivative works by sending notification to: email@example.com.
Trademarks found on this Website such as “Gauge Capital” are the sole and exclusive property of Gauge Capital LLC. Except to the extent required by applicable law you are not licensed or permitted to use any trademark, service mark, logo, commercial symbol, or any other branding of Gauge or its affiliates in any manner (including, without limitation, reference to the other party as a client, customer or supplier in any press release, advertisement or other promotional material), or to imply any affiliation whatsoever between any person or entity and Gauge. Any use of the trademarks and service marks of Gauge requires a fully executed license from Gauge. All trademark and service mark use shall inure to the benefit of Gauge.
Third-party brand names and logos included on this Website are for informational and/or attribution purposes only and are the intellectual property of those third parties. Absent a separate, written agreement from a third party, you have not been granted permission by Gauge to use any trademark, service mark, logo, commercial symbol, or any other branding of a third party found on this Website in any manner.
The Contents found on this Website, including this Website itself, are copyrighted by Gauge Capital LLC, its affiliates and/or its licensors. Neither title to, nor intellectual property rights in, the Contents and/or this Website are transferred to you. By accessing this Website, you agree to observe all restrictive notices associated with the Contents found on the Website.
If you believe that any Contents on this Website infringe a copyright which you own or control, you may send notification to the Office of the General Counsel at one of the following addresses:
To be effective, a notification of claimed infringement must be a written communication which includes the following information:
The use of an image, voice or other personal characteristic of a living or dead individual (a “Personality/Publicity Right”) may be prohibited in some jurisdictions. Some of the Contents may be subject to Personality/Publicity Rights. You are solely responsible for ensuring that you do not infringe anyone’s Personality/Publicity Rights. Please note that some estates hold and control the Personality/Publicity Rights of deceased individuals.
DISCLAIMER AND LIMITATION OF LIABILITY
Gauge makes no representation or warranty as to the accuracy or completeness of the Contents provided, nor does it warrant or represent that the Contents are up-to-date or current, that Gauge has any duty to update any Contents, or that the Contents are free from technical inaccuracies or typographical errors.
Gauge makes no representation or warranty that any investment performance numbers presented on the Website are guaranteed or will be consistent in the future. Past performance is not indicative of future results. Market analyses and opinions found on this Website are speculative and based upon various assumptions, so you should formulate your own analysis and opinions based upon your own research. This Website may contain forward-looking statements in the form of future-oriented financial and financial outlook information under applicable security laws. Forward-looking statements involve known and unknown risks and uncertainties which may cause actual performance and financial results in future periods to differ materially from any projections of future performance or result expressed or implied by such forward-looking statements. You acknowledge and agree that the Contents are solely for general informational purposes and nothing contained on the Website may be construed as a solicitation, offer, recommendation, representation or endorsement of any security or investment and may not be relied upon in connection with any offer or sale of securities or other assets. You agree to indemnify and hold Gauge and its respective officers, directors, employees, agents, successors and assigns, harmless from and against any and all claims, suits or proceedings, demands, losses, damages, liabilities and costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or resulting from any action or inaction you take or decision you make in reliance on the Contents on this Website.
Gauge is not responsible for the content of any third-party Website that is not owned or controlled by Gauge, or for any other hyperlinks contained in such third-party Websites. Gauge provides hyperlinks on its Website to third-party websites you for your convenience only, and the inclusion of any hyperlink to a website not owned by Gauge is not an endorsement by Gauge of the website or its contents. Your use of any third-party website is subject to the terms and conditions of that third-party and Gauge assumes no liability with regard to your use thereof. No permission is granted here for you to use Gauge’s icons, Website address, or other means to hyperlink other Websites with any page on this Website. You must obtain prior written permission from Gauge to hyperlink in any manner to this Website.
THE CONTENTS YOU FIND ON THIS WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES AND CONDITIONS, WHETHER STATUTORY, ARISING FROM THE COURSE OF DEALING, OR OTHERWISE, OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR NON-INFRINGEMENT. GAUGE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM THE CONTENTS, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS FOUND ON THIS WEBSITE, (C) THE UNAVAILABILITY OF THIS WEBSITE, (D) ANY USE OF THIS WEBSITE OR ANY CONTENTS CONTAINED THEREIN, (E) ANY USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR THE CONTENTS, OR (F) ANY RELIANCE ON THE INFORMATION CONTAINED ON THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL GAUGE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU, OR ANY OTHER PERSON, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THESE TERMS OR RESULTING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THESE TERMS, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF GAUGE HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST GAUGE MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GAUGE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONTENTS OR CONDUCT, OR THAT OF THIRD PARTIES, CONTAINED ON THIS WEBSITE, AND GAUGE RESERVES THE RIGHT TO REMOVE SUCH CONTENTS FROM THIS WEBSITE WITHOUT LIABILITY.
Gauge controls this Website and its Contents from its headquarters in the United States. If you use this Website and its Contents from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries.
Gauge’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms. Gauge may assign its rights and duties under these Terms to any party at any time without notice to you.
Questions about these Terms should be directed in writing to
Office of the General Counsel
Gauge Capital LLC
1256 Main Street
Southlake, TX 76092
Applicable Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed in the State of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
In case any provision in these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
© 2022 Gauge Capital LLC
Latest Revision: September 1, 2022