1. Limited License to Use the Sites
The Sites are owned by ICE Canyon and Canyon. The Sites and the Content are protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by Canyon, its affiliates and/or third parties.
ICE Canyon grants you a limited right to use the Sites only for your own private, non-commercial informational purposes only, and to print pages from the Sites only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, including any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Sites. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Sites or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Sites.
All Content on the Sites are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
2. No Offer of Securities
3. No Reliance
All Content provided on the Sites is for informational purposes only.
Any estimates, projections or predictions on these Sites are intended to be forward-looking statements. Although ICE Canyon believes that the expectations in such forward-looking statements are reasonable, it can give no assurance that any forward-looking statements will prove to be correct. Such estimates are subject to actual known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. ICE Canyon expressly disclaims any obligation or undertaking to update or revise any forward-looking statement contained herein to reflect any change in its expectations or any change in circumstances upon which such statement is based.
No statements contained on the Sites should be construed as a guarantee or assurance of future performance or future results. ICE Canyon’s past performance is not indicative of future results.
There are various risks you assume when reviewing the Content on the Sites.
Dated Content speaks only as of the date indicated. We may modify the Content on the Sites at any time and without notice to you.
We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Sites even if we are aware that it is inaccurate, outdated or otherwise inappropriate. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party.
You agree that we are not liable for any action you take or decision you make in reliance on any content on the Sites.
The Content on the Sites is not intended to be, and you should not consider anything on the Sites to be, investment, accounting, tax or legal advice. You are encouraged to discuss information that you learn from the Sites with your financial, legal or tax advisors and others with whom you share investment decisions.
4. Your Representations and Warranties
You represent and warrant that you will not delete any Content from the Sites.
Certain portions of these Sites are password protected and the content of such areas are subject to the confidentiality provisions of the respective ICE Canyon fund documents. By entering those portions of the Sites you are agreeing to be bound by the confidentiality provisions of the respective fund documents.
If you are provided a password by ICE Canyon, you must keep your password confidential.
You may not disclose your password to any third party without obtaining the express approval of ICE Canyon.
You accept full responsibility for any use of your password.
You agree to notify ICE Canyon immediately of any actual or suspected loss, theft or unauthorized use of your password.
6. Third Party Links
ICE Canyon is not responsible for information on any third party website that is referred in, or accessible or connected by hyperlink to, the Sites.
If you access any third party website through the Sites or otherwise, you do so at your own risk.
Hyperlinks to or from the Sites do not constitute third party endorsement of, sponsorship by or affiliation with us.
7. No Warranty
ICE CANYON AND CANYON DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITES THAT THE LAW ALLOWS IT TO DISCLAIM.
THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITES OR ANY PART OF THE CONTENT.
ICE CANYON’S AND CANYON’S LIABILITY WITH RESPECT TO THE SITES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Limitation of Liability
IN NO EVENT SHALL ICE CANYON, CANYON, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES OR WITH ANY DELAY OR TECHNICAL PROBLEMS IN USING THE SITES, OR ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF ICE CANYON, CANYON, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES LIMIT THE APPLICABILITY OF DISCLAIMERS OR LIMITATIONS OF LIABILITY, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY ONLY TO THE EXTENT LEGALLY ENFORCEABLE IN THE APPLICABLE JURISDICTION.
9. Breach and Indemnification
10. Updates to the Sites and Modifications to the User Agreement
Any notice to ICE Canyon shall be to Chris Borghi, Chief Technology Officer at firstname.lastname@example.org.
1. Information You Choose to Submit
To obtain access to the Sites and to receive certain Internet Services, you may be required to login and provide certain personal data and information about yourself (for example your username, name, and password.) (“Personal Data”). We use Personal Data to fulfill your requests for Internet Services, as well as other products and services (together, the “Services”), to monitor and improve our Services, and to contact you from time to time about us and the Services.
We may combine Usage Data with Personal Data in a manner that enables us to trace Usage Data to an individual user.
3. Our Information Sharing Practices
Third-Party Service Providers.We employ other companies and individuals to perform functions on our behalf, such as for analyzing data and providing certain of the Internet Services. These third-party service providers have access to personal information needed to perform their functions, but we require that they not use personal information for other purposes. Personal data is not shared with any unaffiliated third-parties for their marketing purposes.
4. Modifying and Deleting Your Personal Data
If you would like to modify any Personal Data you previously submitted to us, please let us know by contacting your account representative or by accessing and updating your profile. Please note that any Personal Data that we have copied may remain in back-up storage for some period of time after your request, and that if you delete certain information you may not be able to use our services in the future without re-submitting such information. Also, please note that we will maintain Personal Data in our database whenever we are required to do so by law.
5. SEC Regulations S-P, S-AM and the Gramm-Leach-Bliley Act – PRIVACY NOTICES
ICE Canyon collects nonpublic personal information about current and prospective investors from the following sources: (i) information we receive from current and prospective investors on managed account agreements or subscription documents and related forms (for example, name, address, social security number, birth date, assets, income, investment experience); (ii) information about investor’s transactions with ICE Canyon; and (iii) the Internet Services. We restrict access of current, former and prospective investors’ nonpublic personal information to our affiliates and their personnel, counsel and auditors who need to know that information in order to (i) ensure compliance with applicable laws and regulations, (ii) provide products or services to the investors, or (iii) as otherwise required by law. ICE Canyon maintains physical, electronic and procedural controls in keeping with federal standards to safeguard the nonpublic personal information about current, former and prospective investors that is in our possession.
Nonpublic personal information is not shared with third-parties for their marketing purposes.
If, at any time in the future, it is necessary to disclose any of a client’s personal information in a way that is inconsistent with this policy, ICE Canyon will give advance notice of the proposed change so that its clients will have the opportunity to “opt out” of such disclosure.
We have implemented reasonable measures to help protect your User Information from loss, misuse, or unauthorized access or disclosure. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your User Information, we cannot guarantee its security.
The Sites may contain links to other websites. We are not responsible for the privacy practices of any such other website (whether accessed through an advertisement, service, or content link) and urge you to review such practices prior to submitting any information to such websites.
9. International Data Transfers