These terms of use are an agreement between you and ExodusPoint Capital Management, LP and its affiliates (“ExodusPoint,” “we,” “our” or “us”), and your access to and use of www.exoduspoint.com, including any content, functionality, and services offered on or through www.exoduspoint.com (the “Website”), is conditioned upon you accepting these terms of use. By accessing and using the Website you confirm that you agree with and understand the following terms and conditions (the “Terms of Use”) without any modification, limitation, or qualification. If you do not want to agree to these Terms of Use, you must not access or use the Website.
We may revise and update these Terms of Use at any time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website after we post revised Terms of Use means that you accept and agree to the changes. You should periodically check this page to review the current Terms of Use.
The information on the Website is provided for informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. If you rely on such information, you do so strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Account Security and Privacy
All information that is submitted via the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Our Privacy Policy is incorporated into these Terms of Use by reference.
We may change or disable the Website and any services or materials on the Website at any time in our sole discretion and without any notice to you. We do not guarantee that the Website will be available at any particular time or that it will be error free, and we will not be liable if all or any part of the Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
If we ask you to provide registration details in order to access the Website or some of the resources on the Website, you agree to provide complete and accurate information and to keep the information up-to-date. If you are provided with an account for the Website, you acknowledge that your account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We may disable any account at any time in our sole discretion and for any reason, including if, in our opinion, you have violated these Terms of Use.
Intellectual Property Rights
We, our licensors, or other providers of material, own the Website, and its content, features, and functionality (including, but not limited to, all information, software, images, video, audio, and design elements) (collectively, the “Website Content”). The Website Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing contained within the Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Website Content. These Terms of Use permit you to use the Website and Website Content for your personal, non-commercial use only.
The ExodusPoint name, its logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ExodusPoint or its licensors. You must not use any of them without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
We may change the Website Content at any time in our sole discretion and for any or no reason. Website Content may also be out of date, and we are under no obligation to update any Website Content.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
Third-Party Websites
The Website may link to websites that are not owned or operated by us (“Third Party Websites”), and these links do not represent, warrant, or imply that we endorse or have reviewed such Third Party Websites or any of the materials, opinions, goods or services available on them. These Terms of Use do not apply to your use of Third Party Websites, and you should review any similar terms that exist on such Third Party Websites prior to your use of them.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A 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, THE WEBSITE CONTENT, THIRD PARTY WEBSITES AND ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OF THE FOREGOING IS AT YOUR OWN RISK. THE WEBSITE, THE WEBSITE CONTENT, THIRD PARTY WEBSITES AND ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OF THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM 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 of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR LICENSORS, SERVICE PROVIDERS OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, WEBSITE CONTENT, THIRD PARTY WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY OF THE FOREGOING, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You will defend, indemnify, and hold harmless ExodusPoint, its licensors, its 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, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information or materials obtained from the Website.
Miscellaneous
Informal Dispute Resolution. If you have any questions or concerns regarding your use of or inability to use the Website, please email us at info@exoduspoint.com so we can attempt to answer your questions or address your concerns. We and you agree to make reasonable efforts to settle any genuine dispute, claim, question, or disagreement directly through consultation and good faith negotiations prior to initiating a lawsuit.
Applicable Law; Jurisdiction. You agree that federal laws and the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and us. You hereby consent to the exclusive jurisdiction of the Southern District of New York or any New York State Court located in the Borough of Manhattan, New York in all disputes arising from or relating to the Terms of Use or your access to or use of the Website. You hereby waive any objection to venue or inconvenient forum laid therein.
Entire Agreement. The Terms of Use and the policies referred to herein constitute the sole and entire agreement between you and ExodusPoint regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Assignment. We may assign our rights under these Terms of Use in whole or in part without your consent. You may not assign any of your rights or delegate any of your obligations under these Terms of Use – whether by operation of law or otherwise – without our prior written consent.
Severability. These Terms of Use operate to the fullest extent permissible by law. If any one or more of the provisions of these Terms of Use are for any reason held to be invalid, illegal or unenforceable, the remaining provisions of these Terms of Use shall be unimpaired and shall remain in full force and effect, and the invalid, illegal or unenforceable provision shall be replaced by a valid, legal and enforceable provision that comes closest to the parties’ intent underlying the invalid, illegal or unenforceable provision.
Waiver. If we fail to enforce these Terms of Use in any instance or instances, it shall not be a waiver of the applicable portion of these Terms of Use.
Our Relationship. Nothing in these Terms of Use create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and you.
Contacting Us. The Website is operated by ExodusPoint Capital Management, LP (65 East 55th Street, New York, NY 10022). Except as otherwise indicated in these Terms of Use, all feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@exoduspoint.com.