Disclaimers and Terms of Use

Terms of Use and Legal Information

By accessing this site, you signify your agreement with and understanding of the following Terms of Use pertaining to both this site and any material contained therein.  This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions, and notices.  Tailwater Capital LLC and its affiliates (collectively, “Tailwater”) reserves the right to change the terms, conditions, and notices under which this site is offered without prior notice at any time.

Ownership of Site and Trademarks/Lawful Use

Tailwater owns and maintains this site and the copyright and licenses to its content.  Nothing at this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any photograph, image, trademark, logo or service mark at the site.  No act of downloading or otherwise copying from this site will transfer title to any software or material at this site to you.  Anything that you transmit to this site becomes the property of Tailwater, may be used by Tailwater for any lawful purpose, and is further subject to disclosure as deemed appropriate by Tailwater, including to any legal or regulatory authority to which Tailwater is subject.  Tailwater reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law.  This site is for your personal and non-commercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from this site.

No Offer of Securities

Under no circumstances should any material at this site be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any securities.  The material on this website does not constitute, and may not be used in connection with, an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not permitted by law or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation.

No Reliance

While Tailwater uses reasonable efforts to update the information on this site, Tailwater makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site.  Opinions, advice and any other content at this website, including the terms and conditions of your use of this service, are subject to change without notice or liability.

Material to be Consulted in its Entirety

All materials at this site 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, disclosures or hedge clauses 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.

Cookies

This website may utilize “cookies”. A cookie is an element of data that a website can send to your browser and store on your computer’s hard drive. They are used by Tailwater to determine user activity throughout its website (such as specific pages visited, time spent on those pages, and frequency of visits).  Tailwater uses this information to analyze usage patterns and, more importantly, to provide you with a more rewarding experience each time you visit the Tailwater website.  Tailwater does not use cookies to store or transmit any personally identifiable information about you on the Internet.

No Warranty

The materials in this site are provided “as is” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law.  Tailwater further assumes no responsibility for, and makes no warranties that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components.  Tailwater shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of this site.  Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

Limitation of Liability

IN NO EVENT SHALL TAILWATER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIAL CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE.  IN NO EVENT SHALL TAILWATER TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THIS WEBSITE.

Certain laws do not allow limitations or implied warranties, or the exclusion or limitation of certain damages.  If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Third Party Links

Third party websites accessible through links on the Tailwater website are expressly not incorporated by reference to the Tailwater website.  Tailwater is not responsible for the content of such third party websites and is not adopting, endorsing or approving of such information by making the link available.

Severability

In the event any of the terms or provisions of these terms and conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These terms and conditions shall be subject to any other agreements you have entered into with Tailwater.

Global Dealing Restrictions

The materials and services at this website are intended for U.S. persons only.  Tailwater makes no representation that this website is appropriate for use in all locations, or that transactions, securities, products, instruments or services discussed at this website are available or appropriate for sale or use in all jurisdictions, or by all investors or counter parties.  Those who access this website are responsible for compliance with applicable local laws or regulations.  No software at this website may be downloaded or otherwise exported in contravention of U.S. Department of Treasury or U.S. Department of Commerce regulation.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Texas, without resort to its conflict of law provisions.

Disclaimers

The information contained on this website is not investment advice.

Any specific securities listed or discussed do not represent any or all investments purchased, sold or recommended for advisory clients.  One should not assume that any investments identified are or will be profitable.  Past performance is not indicative of future results.