The Midway Group Disclosure Statement
Terms and Conditions of Use
Please read the following important legal information prior to using Midway’s website (the “Site”). These Terms and Conditions of Use (“Terms and Conditions”), including all documents referenced herein and any ‘important information’ associated with any specific content of this Site, represent the entire understanding between The Midway Group L.P. (“Midway” or “we/use/our”) and its affiliates (collectively referred to as “Midway” or “we/us/our”) and you regarding your use of this Site and supersedes any prior statements or representations.
Not all products and services listed on this Site are available in all regulatory jurisdictions. To the extent that access, distribution, and/or use of this Site would be deemed illegal by applicable law in any regulatory jurisdiction then such access, distribution and/or use by you is prohibited. By visiting any area on the Site and/or registering for any interactive functionality of the Site, you are deemed to have accepted these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, please do not use this Site. If you have any questions or comments in relation to these Terms and Conditions, please contact us before using this Site.
Use of Materials
All material on this Site, including but not limited to images, logos, trademarks, appearances, graphics, and any documentation (collectively referred to as the "Material" or “Materials”), is protected under various intellectual property laws and (except where otherwise stated) owned or controlled by Midway. Except as otherwise indicated on this Site, copying, reproduction, uploading, downloading, transmitting, or any other use of this Site or of any of the Material, in whole or part, without the express permission of Midway, is prohibited.
Disclaimer
Nothing contained on this Site constitutes tax, legal, insurance, or investment advice. Neither the information, nor any opinion, contained on this Site constitutes a solicitation or offer by Midway or its affiliates to buy or sell any securities, futures, options, or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Site are the sole responsibility of the visitor. In exchange for using this Site, the visitor agrees to indemnify and hold Midway, its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless against any and all claims, losses, liability, costs, and expenses (including, but not limited to, attorneys’ fees) arising from your use of this Site, from your violation of these Terms and Conditions or from any decisions that the visitor makes based on such information. Midway expressly disclaims all liability for errors and omissions in the Material on this Site and for the use or interpretation by others of information contained on the Site. This Site will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.
Electronic Communications
When you communicate with Midway electronically, via email or otherwise, you consent to receive electronic communications from Midway. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Midway satisfy any legal requirement that such communication be in writing.
Governing Law
Use of this Site and these Terms and Conditions shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. If any portion of these Terms and Conditions are deemed unenforceable, unlawful, or void by a Court of competent jurisdiction, then that portion of the Terms and Conditions will be deemed severable and will not affect the enforceability or validity of the remaining portions of these Terms and Conditions.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, Midway may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York or in any other court having jurisdiction, in the event that Midway believes that you have violated or threatened to violate any of Midway’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
In the event that any portion of these Terms and Conditions are deemed unenforceable, unlawful, or void by a Court of competent jurisdiction, in any jurisdiction for any reason, including but not limited to the scope, duration, or area of its applicability, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited, or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration, or area or all of them, and such provision shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited, or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition, or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification, or invalidation of any provision shall affect the construction, validity, or enforceability of such provision in any other jurisdiction. No waiver by Midway’s of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Midway’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.
Timeliness of Content/Changes in Policy
All content on this Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data. Midway reserves the right to change, modify, add, or remove portions of these terms at any time for any reason. We suggest that you review these terms periodically for changes. Such changes shall be effective immediately upon posting. You acknowledge that by accessing our Site after we have posted changes to these terms, you are agreeing to the terms as modified.
From time to time, the provisions set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions on this Site. Please review these Terms and Conditions often so that you will remain abreast of our current terms and policies.
Termination
Midway may terminate your access to the Site for any reason, without prior notice.
Waiver
No waiver by Midway of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time. Integration and severability of any provision of these Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. The preceding Terms and Conditions represent the entire agreement between Midway and the user relating to the subject matter herein.
ANY DISCUSSION OF PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.
