1. Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you or
otherwise supplied to you in conjunction with the Site (such contents, design
and materials being collectively referred to as the "Sequoia Content"), are
copyright of The Sequoia Partnership. You may not use or reproduce or allow anyone to use or
reproduce any trade marks (such as "Sequoia" name and logo or other trade
names appearing on the Site) for any reason without written permission from
The Sequoia Partnership. The software which operates the Site is proprietary software and you
may not use it except as expressly allowed under these Terms. You may not copy,
reverse engineer, modify or otherwise deal with the software.
2. Use of Sequoia Content
You may retrieve and display Sequoia Content on a computer screen or (if
expressly authorised) mobile telephone, print individual pages on paper (but not
photocopy them) and store such pages in electronic form on your mobile telephone
for your personal, non-commercial use. Except as expressly set out above, you
may not reproduce, modify or in any way commercially exploit any of the Content.
In particular, but without limiting the general application of the restrictions
contained in the preceding sentence, you may not do any of the following without
prior written permission from Sequoia, reproduce or store in or transmit to
any other web site, newsgroup, mailing list, electronic bulletin board, server
or other storage device connected to a network or regularly or systematically
store in electronic or print form, all or any part of Sequoia Content, or
modify, publish, transmit, participate in the transfer or sale of, reproduce,
create derivative works from, distribute, perform, display, or in any way
exploit all or any part of Sequoia Content (including use as part of any
library, archive or similar service) without the prior written consent of
Sequoia, remove the copyright or trade mark notice from any copies of
Sequoia Content made under these Terms. Any use of Sequoia Content not
specifically permitted above is expressly prohibited. Requests for permission
for other uses may be sent to The Sequoia Partnership, Berwyn House, 2 – 4 High Street,
Chalfont St. Peter, BUCKS SL9 9QA, United Kingdom, and may be subject to a fee.
3. Term and Termination
The Sequoia Partnership may, in its discretion, terminate or suspend your access to all or
part of the Site (including any right to access and use Sequoia Content) with
or without cause by delivering notice to you. The rights of termination are in
addition to all other rights or remedies of The Sequoia Partnership provided in these Terms or
by law.
4. Changes to the Site
The Sequoia Partnership reserves the right, in its discretion, to suspend, change, modify, add
or remove portions of Sequoia Content available on the Site at any time and to
restrict the use and accessibility of the Site.
5. Registration, Passwords and Responsibilities
Certain areas of the Site may only be open to you if you register. You are
solely responsible for the confidentiality and use of and access to Sequoia
Content and the Site using your user name, sign-on password, and/or I.D. You
agree to immediately notify The Sequoia Partnership if you become aware of any loss or theft
of any sign-on password or I.D. or any unauthorised use of a sign-on password,
I.D., user name, or of Sequoia Content or the Site. You will provide The Sequoia Partnership
with accurate, complete registration information (including in particular your
e-mail address) and inform The Sequoia Partnership of any changes to such information. For the
purpose of confirming your compliance with the terms of these Terms, The Sequoia Partnership
reserves the right to monitor and record activity on the Site, including access
to Sequoia Content. Each registration is for a single user only. You may not
share your user name and password with any other person, nor may you share or
transfer your subscription. The Sequoia Partnership does not permit access through a single
name and password being made available to multiple users on a network. The Sequoia Partnership
may cancel or suspend your access to the Site if you do this without further
obligation to you.
6. Privacy Policy
The information that you provide about yourself to The Sequoia Partnership will only be used
and stored by The Sequoia Partnership and will not be transferred to any company, network or
individual outside of The Sequoia Partnership and its associated businesses.
7. Community Forums
The Site may include bulletin boards, discussion groups and other public areas
that allow feedback to The Sequoia Partnership and interaction between users and/or The Sequoia Partnership.
While The Sequoia Partnership does not control the information/materials posted to Forums by
users (the "Messages"), it reserves the right (which it may exercise at its sole
discretion without notice) to delete, move or edit the Messages and to terminate
your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply
with any rules posted by The Sequoia Partnership on a Forum. You may not: post, link to or
otherwise publish any Messages containing any form of advertising or promotion
for goods and services or any chain Messages or "spam"; post, link to or
otherwise publish any Messages with recommendations to buy or refrain from
buying a particular security or which contain confidential information of
another party or which otherwise have the purpose of affecting the price or
value of any security: post, link to or otherwise publish any Messages that are
unlawful, threatening, abusive, libelous, indecent, infringe copyright or other
rights of third parties or which contain any other form of illegal content; post
or otherwise publish any Messages that contain a virus or other harmful
component; disguise the origin of any Messages; impersonate any person or entity
(including The Sequoia Partnership employees or Forum guests or hosts) or misrepresent any
affiliation with any person or entity; post or otherwise publish any Messages
unrelated to the Forum or the Forum's topics; post or transmit any Messages that
contain software viruses, files or code designed to interrupt, destroy or limit
the functionality of the Site or any computer software or equipment; collect or
store other users' personal data; restrict or inhibit any other user from using
the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless
The Sequoia Partnership from all claims, costs and expenses (including legal expenses) arising
out of any Messages posted or published by you that are in breach of this
section.
The Forums contain Messages submitted by users over whom The Sequoia Partnership has no
control. The Sequoia Partnership cannot guarantee the accuracy, integrity or quality of any
Messages. Some users may breach these terms and post Messages that are
misleading, untrue or offensive. You must bear all risk associated with your use
of the Forum and should not rely on Messages in making (or refraining from
making) any specific investment or other decisions.
By submitting Message to a Forum you are granting The Sequoia Partnership perpetual royalty
free non-exclusive licence to reproduce, modify, translate, make available,
distribute and sub-license the Message in whole or in part and in any form. This
may include personal information such as your user name and alias and your
expressions of opinion. The Sequoia Partnership reserves the right to contact you by e-mail
with regard to your use of the Forums. You waive any moral rights that you may
have in regard to the Messages you submit.
It is not possible for The Sequoia Partnership to fully and effectively monitor Messages that
are submitted for infringement of third party rights. If you believe that a
message infringes your legal rights, you should notify The Sequoia Partnership immediately by
means of the Customer Services contact form.
8. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the
Site, The Sequoia Partnership makes no warranty, express or implied concerning The Sequoia Partnership
Content, the Site, software or products or services available through the Site
(the "Site Services"), which are provided "as is". The Sequoia Partnership expressly disclaims
all warranties, including but not limited to warranties of fitness for a
particular purpose and warranties of merchantability. In no event will
The Sequoia Partnership, its affiliates or other suppliers be liable for direct, special,
incidental, or consequential damages (including, without limitation, damages for
loss of business profits, business interruption, loss of business information or
other pecuniary loss) arising directly or indirectly from the use of (or failure
to use) or reliance on the Site Services, even if The Sequoia Partnership has been advised of
the possibility that such damages may arise. The Sequoia Partnership does not guarantee the
accuracy, content, or timeliness of the Site Services or that they or related
systems are year 2000 compliant or free from viruses or other contaminating or
destructive properties.
In no event will any liability of The Sequoia Partnership, its affiliates, agents and
licensors to you (and/or any third party) arising out of any kind of legal claim
(whether in contract, tort, or otherwise) in any way connected with the Site
Services or breach of these Terms by The Sequoia Partnership exceed the amount, if any, paid
by you to The Sequoia Partnership in respect of the particular Site Service to which the claim
relates.
Upon The Sequoia Partnership's request, you agree to defend, indemnify and hold harmless
The Sequoia Partnership from any claims and expenses, including reasonable legal fees, related
to any breach of these Terms by you or your use of any Site Services.
9. Force Majeure
The Sequoia Partnership, its affiliates and its information providers will not be liable or
deemed to be in default for any delay or failure in performance or interruption
of the delivery of Sequoia Content resulting directly or indirectly from any
cause or circumstance beyond its or their reasonable control, including but not
limited to failure of electronic or mechanical equipment or communication lines,
telephone or other interconnect problems, computer viruses, unauthorised access,
theft, operator errors, severe weather, earthquakes or natural disasters,
strikes or other labour problems, wars, or governmental restrictions
10. Miscellaneous
CHANGES TO THESE TERMS: The Sequoia Partnership may, in its discretion, change these Terms
(including those relating to your use of Site and/or Sequoia Content). When
Terms are changed, The Sequoia Partnership will notify you by email or by publishing details
of those changes by including them in these Terms. If you use the Site after
The Sequoia Partnership has published or notified you of the changes, you are agreeing now to
be bound by those changes. If you do not agree to be bound by those changes, you
should not use the Site any further after they are published. Access to certain
Sequoia Content may be subject to additional terms and conditions.
ADVERTISING, THIRD PARTY CONTENT AND OTHER WEB SITES: Parts of the Site may
contain advertising or other third party content. Advertisers and other content
providers are responsible for ensuring that material submitted for inclusion on
the Site complies with international and national law. The Sequoia Partnership is not
responsible for any third party content or error, omission or inaccuracy in any
advertising material. The Site may contain links to other web sites. The Sequoia Partnership
is not responsible for the availability of these web sites or their contents.
ASSIGNMENT OF AGREEMENT: This agreement is personal to you and your rights and
obligations under these Terms may not be assigned, sub-licensed or otherwise
transferred. This agreement may be assigned to a third party by The Sequoia Partnership.
Non-Waiver. No delay or omission on the part of either party in requiring
performance by the other party of its obligations will operate as a waiver of
any right.
NOTICES: Notices to The Sequoia Partnership must be given in writing by letter and sent to
The Sequoia Partnership's last known place of business in the UK (for the attention of the
Managing Director).
SEVERABILITY/SURVIVAL/STATUTE OF LIMITATIONS: If any provision of these Terms is
invalid or unenforceable, such will not render all the Terms unenforceable or
invalid but rather the Terms will be read and construed as if the invalid or
unenforceable provision(s) are not contained therein. Any cause of action of
yours with respect to these Terms must be filed in a court of competent
jurisdiction in London, UK, within one year after the cause of action has
arisen, or such cause will be barred, invalid, and void.
WHOLE AGREEMENT: Save as expressly referred to herein, any representation,
warranty, term or condition not expressly set out in these Terms shall not
apply.
Headings. Headings in these Terms are for convenience only and have no legal
meaning or effect.
11. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law.
The parties irrevocably agree that the courts of England shall (subject to the
paragraph below) have exclusive jurisdiction to settle any dispute which may
arise out of, under, or in connection with these Terms or the legal relationship
established by them, and for those purposes irrevocably submit all disputes to
the jurisdiction of the English courts.
For the exclusive benefit of The Sequoia Partnership, The Sequoia Partnership shall retain the right to
bring proceedings as to the substance of the matter in the courts of the country
of your residence or, where these Terms are entered into in the course of your
trade or profession, the country of your principal place of business