Paxion Capital

Terms of Use

These Terms of Use constitute a legally binding agreement between Paxion Capital, LP and its affiliates (together, “Paxion,” “our,” “us” or “we”) and you, the user of https://www.paxion.com/ (the “Site”).  By accessing the Site you acknowledge that you have read and agree to these Terms of Use.  These Terms of Use govern your use of the Site.  Please read these Terms of Use carefully.  If you do not agree with any of the terms and conditions contained herein, please do not access the Site. 

Paxion reserves the right to amend these Terms of Use in its sole discretion.  Paxion will post any changes to these Terms of Use on the Site, and changes are effective immediately upon posting.  Your continued access to or use of the Site following any such changes constitutes your acceptance of, and agreement to be bound by, such new terms and conditions.  If you object to any of the changes to these Terms of Use, please stop accessing the Site.  You should check this page each time you visit the Site and review any changes to these Terms of Use carefully so you are aware of any changes, as they are binding on you.

The Site is offered and available to users who are 18 years of age or older.  By using the Site, you represent and warrant that you are of legal age to form a binding contract with Paxion.  If you do not meet all of these requirements, you must not access or use the Site. 

PURPOSE OF THE SITE; NOT INVESTMENT ADVICE; NO RECOMMENDATIONS

The information presented on or through the Site is made available solely for informational purposes in relation to Paxion.  Paxion does not warrant the accuracy, completeness, or usefulness of any information on the Site.  Any reliance you place on such information is strictly at your own risk.  Paxion disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. 

The Site is not intended to provide legal, business, tax, accounting, investment, or other advice.  You agree not to construe any of the Content (as defined below) provided in connection with the Site as legal, business, tax, accounting, investment, financial or other advice.  You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or other investment.  You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or other investment, or that you should pursue any investment strategy, and the Content is not to be relied upon for the purpose of making investment or other decisions.  In addition, you understand and agree that all Content provided in connection with the Site is published without consideration of your individual circumstances, financial, or otherwise.  Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content provided in connection with the Site.  You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial or other advice regarding any Content provided in connection with the Site. 

REGULATORY DISCLOSURES

Paxion does not solicit or make its services available to the public.  Any past performance information on the Site is not necessarily indicative, or a guarantee, of future results. 

PRIVACY POLICIES

In addition to these Terms of Use, your access to and use of the Site is also subject to our Website Privacy Policy and/or our California Website Privacy Policy, which are incorporated by reference herein, as applicable. Our Website Privacy Policy and our California Website Privacy Policy contain additional terms relating to our potential collection, use and disclosure of your personal information, as applicable.  By accessing or using the Site, you agree that you have read, understand and agree to our Website Privacy Policy and/or California Website Privacy Policy, as applicable.

OWNERSHIP

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site (including strategies, policies, business plans, research, concepts, and other information (collectively, the “Content”)) are proprietary to Paxion or its licensors and are protected by intellectual property rights and unfair competition and other laws.  You may not use any Mark or Content without the express written permission of the owner (whether Paxion or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content.

DISCLAIMER OF WARRANTIES

THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT NOT PROHIBITED UNDER LAW, PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY PAXION, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.  PAXION FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE.  YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT NOT PROHIBITED UNDER APPLICABLE LAW. 

LIMITATION OF LIABILITY

PAXION DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT.  TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, PAXION IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

UNDER NO CIRCUMSTANCES WILL PAXION BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

INDEMNITY

To the maximum extent not prohibited by applicable law, you agree that you will be solely responsible for, and that you will defend, indemnify and hold Paxion, its parents, subsidiaries and other affiliates and each of their respective officers, directors, members, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Site.  Paxion reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Paxion for all liabilities, losses, or damages.  You agree to provide Paxion with whatever cooperation it reasonably requests.

LIMITATION ON TIME TO FILE CLAIMS

YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

MISCELLANEOUS

You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without Paxion’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be void ab initio.  Paxion may assign these Terms of Use or any rights under these Terms of Use without your consent and without notice to you.  Nothing in these Terms of Use may be used to construe you and Paxion as joint venturers, co-employers, partners, or agents of each other, and neither you nor Paxion has the power to obligate or bind the other in any way whatsoever.  Should any term or other provision hereof be deemed invalid, void, illegal or unenforceable in any jurisdiction, either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. Upon such determination that any term or other provision is invalid, void, illegal or unenforceable, such term or other provision will be enforced to the maximum extent permitted by applicable law in such jurisdiction.  The failure of Paxion at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.  These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provisions or rules (whether of Delaware or any other jurisdiction) that would cause the applications of the laws of any jurisdiction other than those of Delaware.  Any legal proceeding or dispute arising out of, relating to or based upon these Terms of Use against or relating to Paxion or any indemnified party under these Terms of Use shall be instituted in the federal courts of the United States of America or the courts of the State of California, in each case, located in San Francisco, California, and you irrevocably submit to the exclusive jurisdiction of such courts for the purpose of any such proceeding or dispute.  Service of process, summons, notice or other document by mail to your address shall be effective service of process for any proceeding brought in any such court.  Additionally, you irrevocably and unconditionally waive any objection to the laying of venue of any proceeding in such courts and you irrevocably waive and agree not to plead or claim in any such court that any such proceeding brought in any such court has been brought in an inconvenient forum.  The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use.  The word “including” means “including without limitation.”  If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us at privacy@paxion.com.