Terms of Use

Terms of Use  

Each person using the Weiss Asset Management Foundation (“WAM Foundation,” “we” or “us”) website (“Site”) (a  “User” or “you”) expressly agrees to the following Terms of Use. These Terms, together with the Site Privacy  Policy (collectively, the Terms of Use and Privacy Policy are referred to as “Terms”) govern, as a condition to  accessing and using this Site, any content, functionality or services offered on or through this Site, as well as all  information about you collected by this Site whether such information is collected automatically, through the use of  cookies and equivalent technology, or if provided by you. Please read the Terms carefully before you start to use the  Site. By using the Site, you accept and agree to be bound by the Terms. If you do not agree to the Terms, you must  not access the Site.  

This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of  its territories or possessions. The owner of the Site is based in the Commonwealth of Massachusetts in the United  States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or  any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by  certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own  initiative and are responsible for compliance with local laws.  

WAM Foundation may revise and update these Terms from time to time in our sole discretion. All changes are  effective immediately when we post them and apply to all access to and use of the Site thereafter. Users’ continued  use of the Site following the posting of revised Terms means that you accept and agree to the changes. Users are  expected to check this page each time you access this Site so you are aware of any changes, as they are binding.  WAM Foundation reserves the right to withdraw or amend this Site, and any service or material we provide on the  Site, in our sole discretion without notice. WAM Foundation 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, WAM Foundation may restrict access to some  parts of the Site, or the entire Site, to Users.  

The Site and its entire contents, features, and functionality (including but not limited to all information, software,  text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by WAM Foundation, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These terms permit you to use the Site for your personal or internal business use only. You must not reproduce, distribute,  modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of  the material on our Site, except as follows:  

  • Your computer may temporarily store copies of such materials in RAM incidental to your  accessing and viewing those materials.  

  • You may store files that are automatically cached by your Web browser for display enhancement  purposes.  

You must not:  

  • Modify copies of any materials from this Site.  

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the  accompanying text.  

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of  materials from this site.  

  • Collect data through automated means, such as through scrapers, spiders, robots, or other  harvesting programs (collectively referred to as “Auto Data Collection”).  

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the  server(s) on which the Site is hosted, or any server, computer or database connected to the Site. 

  • Cause the Site or portions of it to be displayed, or appear to be displayed by or on any other site.  

No User may use the Site at any time for any purpose that is unlawful or prohibited and shall comply with any  applicable local, state, national, or international laws or regulations when using this Site.  

WAM Foundation and the logos and marks included on the Site that identify WAM Foundation services and  products are proprietary materials. The use of such terms and logos and marks without the express written consent of  WAM Foundation is strictly prohibited. Copyright in the pages and in the screens of the Site, and in the information  and material therein, is proprietary material owned by WAM Foundation unless otherwise indicated. The  unauthorized use of any material on the Site may violate numerous statutes, regulations and laws, including, but not  limited to, copyright, trademark, trade secret or patent laws.  

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the  Site in breach of the Terms, we may restrict your right to use the Site and you must, at our option, return or destroy  any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is  transferred to you, and all rights not expressly granted are reserved by WAM Foundation. Any use of the Site not  expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.  

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the  internet or the Site 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 means external to our site for any reconstruction of any lost data. TO THE  FULLEST EXTENT PROVIDED BY LAW, WAM FOUNDATION 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  WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR  DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.  

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH  THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS  OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,  WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE WAM  FOUNDATION NOR ANY PERSON ASSOCIATED WITH WAM FOUNDATION MAKES ANY WARRANTY  OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,  QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING,  NEITHER WAM FOUNDATION NOR ANYONE ASSOCIATED WITH WAM FOUNDATION REPRESENTS  OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED  THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,  THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT  AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE  OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR  NEEDS OR EXPECTATIONS.  

TO THE FULLEST EXTENT PROVIDED BY LAW, WAM FOUNDATION 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. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR  LIMITED UNDER APPLICABLE LAW.  

Limitation on Liability  

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WAM FOUNDATION, 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 WEBSITE, ANY WEBSITES  LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY  DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),  BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED  UNDER APPLICABLE LAW.  

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each  case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the  internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law  provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction). You and WAM  Foundation agree that all claims or disputes concerning the Site shall proceed solely on an individual and not class  action or representative basis in binding arbitration before and subject to the rules of the American Arbitration  Association.  

No waiver by WAM Foundation of any term or condition set out in these Terms 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 WAM  Foundation to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If  any provision of these Terms 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 the Terms will continue in full force and effect.  

Nothing on the Site is or should be construed as an offer to sell securities, commodities or other investments or a  solicitation of an offer to buy securities, commodities or other investments. Nothing on the Site constitutes advice  regarding, or a recommendation of, the purchase or sale of a security, commodity or other investment or any other  transaction. Weiss Asset Management LP offers products and services designed specifically for various categories of  investors in various countries and regions. Not all products will be available to all investors. These products or  services are only offered to such investors, in those countries and regions, in accordance with applicable laws and  regulations.  

Registration with the Securities and Exchange Commission as an Investment Advisor does not imply any level of  skill or training.