Terms of Use

Last Updated: October 15, 2020

Please read the following terms and conditions ("Website Terms of Use") before using the DGV Solutions LP (the "Firm" or “DGV”) website (the "Website"). Your access to and use of the Website is subject to these Website Terms of Use and all applicable laws and regulations. The Website Terms of Use constitute a legal agreement between you and the Firm. The Website is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to persons under age 18. By accessing and using the Website, you accept, without qualification, these Website Terms of Use. If you do not approve and accept these Website Terms of Use without qualification, you should exit the Website immediately. You may contact DGV at legal@dgvlp.com with questions or comments about these Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE WEBSITE TERMS OF USE IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THESE WEBSITE TERMS OF USE, DO NOT USE THE WEBSITE.

UNAUTHORIZED USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO MISUSE OF POSTED INFORMATION, IS STRICTLY PROHIBITED. AUTHORIZED USERS OF THIS WEBSITE INCLUDE ANY USERS VISITING THIS WEBSITE FOR PERSONAL AND/OR INFORMATIONAL PURPOSES, CLIENTS AND POTENTIAL CLIENTS OF DGV, INVESTORS OR PROPOSECTIVE INVESTORS IN A DGV-ADVISED INVESTMENT FUND, DGV EMPLOYEES, CANDIDATES FOR EMPLOYMENT OR USERS SEEKING INFORMATION ABOUT EMPLOYMENT OPPORTUNITIES AT DGV, AND ANY OTHER USERS AUTHORIZED BY DGV.

All Content for Informational Purposes Only

Nothing contained in or on the Website should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, or investment or to engage in any other transaction. The information on this Website has not been provided in a fiduciary capacity, and it is not intended to be, and should not be construed as, impartial investment advice. Nor does any information on this Website constitute investment, legal, tax or other advice.  If you would like any such advice, you should consult your own financial advisors, accountants or attorneys regarding your individual circumstances. Dated content on this Website speaks only as of the date indicated. DGV makes reasonable efforts to provide accurate content, but at times we may not promptly update or correct the Website even if we are aware that it is outdated. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.

Technological Problems with Website

All or any portion of this Website may not be available and/or may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time, the Website may experience technological problems such as downtime, data unavailability, viruses or other damaging computer programming routines or engines. We take reasonable security precautions when using the Internet and other means to transport data or other communications, but we disclaim liability for any interception of data or communications. We make reasonable efforts to ensure that the Website is secure, but we do not guarantee the security of the Website.

Copyrights

The Website is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by DGV, its affiliates and/or third parties. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website. You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Website except as explicitly permitted in these Website Terms of Use.

Trademarks and Service Marks

The Firm is an investment management company. All trademarks, service marks, trade names, and logos displayed on this Website (collectively referred to as the "Marks") are proprietary to DGV or their respective owners and are protected by U.S. and international trademark laws. Any use of the Marks, or any other Marks owned by or licensed to DGV, without DGV's express written consent is strictly prohibited.

Additional Terms

Certain webpages on this Website may contain separate terms and conditions, which are in addition to these Website Terms of Use. In the event of a conflict, the additional terms and conditions will govern such webpages. You represent and warrant that you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Website Terms of Use.

DGV’s Limitation of Liability

DGV’S LIABILITY WITH RESPECT TO THIS WEBSITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DGV OR ANY OF ITS AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THESE TERMS OF USE, THE WEBSITE, INFORMATION CONTAINED ON THE WEBSITE, OR THE INABILITY TO USE THE WEBSITE. DGV’S LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE.

YOU ACKNOWLEDGE THAT DGV SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO ANY THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE, TO PROVIDE OR MAINTAIN YOUR ACCESS TO ONLINE SERVICES, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN DGV AND YOU OR YOU AND ANY THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. DGV SHALL HAVE NO RESPONSIBILITY TO INFORM OR NOTIFY YOU OF ANY DIFFICULTIES EXPERIENCED BY DGV OR ANY THIRD PARTIES WITH RESPECT TO THE USE OF THIS WEBSITE.

YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE, AND ASSUME ALL RESPONSIBILITY RELATED TO, SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND DGV DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY DGV OR ITS REPRESENTATIVES SHALL CREATE ANY SUCH WARRANTY.

YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, DGV AND ITS AFFILIATES, AGENTS, EMPLOYEES AND THIRD PARTY SOURCES FROM AND AGAINST ANY AND ALL SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT ARISE FROM OR RELATE TO YOUR USE OF THE WEBSITE, YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE, REGULATION OR OF ANY THIRD PARTY RIGHTS OR CLAIMS.

Severability

If any of the provisions of these Terms of Use are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms of Use, which shall be given full effect, without regard to the invalid portion(s). 

Governing Law

The laws of the State of Minnesota shall govern these Terms of Use. Any legal action brought hereunder shall be brought exclusively in the courts located in Minneapolis, Minnesota, and it is agreed that such courts shall have jurisdiction. You agree that any dispute or controversy arising out of these Terms of Use shall be prosecuted exclusively in the state or federal courts in the State of Minnesota.

Termination

You agree that DGV may terminate or amend these Terms of Use and cancel your access to the Website at any time, without notice and for any reason including, but not limited to, violation of any of these Terms of Use, security or safety reasons, and/or using the Website to perform any illegal activity. You further agree that in the event of termination for any reason, DGV will have no liability to you. You further represent and warrant that you have not, and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms of Use. You agree to be bound by revisions to these Terms of Use that DGV posts to this website. Modifications will be effective immediately upon posting unless otherwise indicated. These Terms of Use constitute the entire understanding and supersede all other understandings between you and DGV concerning the subject matter hereof.