By using this website (the Site), you agree to be bound by these Terms of Use and all other disclosures and notices appearing elsewhere on the Site.

Disclaimers:  This Site is not intended for use by the general public. By using the Site you acknowledge that you understand its intended aims and permitted uses and that the Site does not constitute an offer or solicitation of any kind. The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

Windhorse Capital Management (Windhorse) does not make any express or implied warranties about the Site (including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement). Windhorse does not warrant that the Site will meet your needs, or that it will be uninterrupted, timely, secure, or error-free. Windhorse also makes no warranty that the results obtained from the use of the Site or the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.

Limitation of Liability: Windhorse will not be liable to you or anyone else for any consequential, incidental, special, or indirect damages (including but not limited to lost profits, trading losses, or damages that result from use or loss of use of the Site), even if Windhorse has been advised of the possibility of such damages or losses. Windhorse will not be liable to you or anyone else for any loss resulting from a cause over which Windhorse does not have direct control. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, some or all of these limitations and exclusions may not apply to you.

Password Security:  If you have a password for access to non-public areas of the Site, you are solely responsible for all activities that occur in connection with your password.  You shall take steps to protect the confidentiality of your password and you agree to notify Windhorse immediately if you become aware of any disclosure, loss, theft, or unauthorized use of your password.

Intellectual Property:  The Site is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post, or frame-in the Site, including any text, graphics, video, audio, software code, user interface design, or logos. All trademarks and service marks on the Site belong to Windhorse, its affiliate, and/or Windhorse’s licensors. Nothing on the Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the prior written consent of the applicable trademark owner specific for each such use. All goodwill generated from the use of any Windhorse trademark shall inure to Windhorse’s benefit.

Indemnification: As a condition of your use of the Site, you agree to indemnify and hold Windhorse harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your use of the Site or from your violation of the terms of this Agreement.

General: This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Boston, MA. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of Windhorse to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against Windhorse unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Last Updated March 2011