Terms of Use

Introduction

The Terms of Use (“Terms of Use”) set forth below apply to the www.rukencapital.com website (the “Site”), a service of Ruken Capital Inc. and its affiliates (referred to collectively as “Ruken Capital”, “we,” “us,” “our” and other similar pronouns). Please read the following Terms of Use before using the Site or any data, products, materials, information, or services contained on the Site. Should you not agree with any of the Terms of Use contained herein, then do not use the Site.

No Investment Advice

This information has been prepared solely for informational purposes.  Nothing on this website constitutes an offer to sell, a solicitation of an offer to buy or sell, or a recommendation for any investment security, strategy, or other financial product. Any such offer or solicitation may be made only to qualified investors by delivery of a fund's confidential private placement memorandum and other offering documents.

Eligibility

The content on this website is intended only for persons who are permitted under applicable securities laws, including permitted clients, accredited investors, and institutional investors. Ruken Capital does not offer products or services in jurisdictions where they would be unlawful.

No Performance Information or Guarantees

Any references to investment strategies are informational. Past performance does not guarantee future results. No projection or forward-looking statement should be relied on as a guarantee of future outcomes.

Intellectual Property

All content on this website, including text, graphics, logos, and trademarks, is the property of Ruken Capital or its licensors. You may not reproduce, copy, distribute, modify, or use any part of this website without prior written consent.

Third Party Links

This website may include links to third party sites. Such links are provided for your convenience only, and you access them at your own risk. Ruken Capital is not responsible for, and does not endorse, the content of any such sites, or the products and services sold on them, nor does Ruken Capital take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site. You may not link to the Site without our express written consent. In addition, we reserve the right to revoke any consent to link to the Site upon notice.

No Warranty

This website is provided on an “as is” and “as available” basis. Ruken Capital cannot and does not make guarantees or warranties regarding the accuracy, completeness, reliability, precision thoroughness or availability of the site or any of its content.  You agree that use of this site is at your own risk. Although we try to ensure that the information posted on this site is accurate and up-to-date, we reserve the right to change or make corrections to any of the information at any time.

If you are dissatisfied with this site or any service on this site or with any of the site’s terms of use, your sole and exclusive remedy is to discontinue using the site.  Ruken Capital assumes no liability, whether contingent or otherwise, to you or to third parties, or has any responsibility of any kind, for any loss or damage that you many incur in connection with the failure, interruption, or disruption of any connection, communication, or access to this site, or for any erroneous communication between you and Ruken Capital.  Ruken Capital shall and have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data, products, information, material and/or services available on the site. In no event will Ruken Capital be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages or loss which may arise from, or directly or indirectly relate to, (even if Ruken Capital has been advised of the possibility of such damages or loss) (I) your use of the date, products, information, material and/or services made available on the site, (II) any other matter relating to this site, (III) your downloading of any information, software or other materials through the site, or (IV)_any claim or cause of action arising out of, or relating to, breach of contract, breach of warranty, tort, negligence, strict liability, product liability or any other legal theory. Ruken Capital will have no responsibility to inform you of any difficulties experienced by Ruken Capital or third parties with respect to the use of the date, products, information, material and/or services or to take any action in connection therewith.

Limitation of Liability

Ruken Capital shall not be liable for any damages arising from your use of this website, including lost profit, damages, viruses, services, repairs, corrections that must be performed on your computer or other property on account of your accessing or using this site or any other consequential losses.

Monitoring by Ruken Capital

Ruken Capital reserves the right to monitor and record activity on this Site for any and all or no reason, and to take all actions it deems necessary or appropriate in its sole discretion. Ruken Capital, however, has no obligation to do so. As a result of your use of this website, Ruken Capital may retain and use any information gathered from your use for its internal business purposes or in accordance with applicable regulatory requirements.

Changes to This Site

Ruken Capital reserves the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that Ruken Capital will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Suspension or Termination of Access

Ruken Capital reserves the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms of Use. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Governing Law

These Terms of Use are governed by the laws of the Province of Ontario and the federal laws of Canada. Any dispute concerning any matter herein, including the validity, termination, or enforceability of the terms, conditions or agreements herein, shall be governed by and interpreted according to the substantive laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard for its choice of law or conflict of laws principles. You irrevocably submit to the exclusive jurisdiction of the province of Ontario and the courts of the province of Ontario for any such dispute. This Site and all information contained herein are not directed at or intended for distribution to, or use by, any person or entity in any jurisdiction or country where the distribution or use of such information is contrary to the laws or regulation of such jurisdiction, or such distribution or use would subject Ruken Capital to any registration requirement within such jurisdiction or country within such jurisdiction or country. Those who access this Site do so on their own initiative and are responsible for compliance with all applicable local laws.

Electronic Communications

The communications between you and us via this Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from Ruken Capital in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Ruken Capital reserves the right to alter or delete materials from the Site at any time at its discretion.

Other

These Terms of Use, together with any additional terms and conditions that are referenced herein or that otherwise may apply to specific areas of the Site, constitute the entire agreement between us and you with respect to the Site. This agreement is personal to you and you may not assign it to anyone. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

Ruken Capital may update these Terms of Use at any time. Continued use of the website means you accept the updated terms.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.