Terms of Use
As used herein, the terms “you” and “user” shall mean any visitor to this site (this “Website”).
Authorized Access
This Website is controlled and operated by Forester from its offices within the State of Connecticut, United States of America. Forester is registered with the office of the Secretary of State of Connecticut under filing number 10300884 and our registered office is at 700 Canal Street, FL 3, Stamford, CT 06902. By accessing this Website, you signify your agreement with, and understanding of, the following terms of use and legal information (“Terms”) pertaining to both this Website and any material on it. This Website is provided for the exclusive use of existing and prospective clients of Forester and their advisors and is conditioned on your acceptance of the Terms contained herein. Your use of this Website constitutes your agreement to all such Terms. You agree to keep your access information confidential. You agree to immediately notify Forester if you become aware of any theft or unauthorized use of your access information. Forester reserves the right to change the opinions and any other content, including the Terms under which this Website is offered, without prior notice at any time. You should review the most current version of this document by visiting the Website and clicking on the Terms of Use hyperlink located at the bottom of the page. This Website and your access to it can be terminated at any time, with or without notice and for any reason.
If you have not been expressly authorized by Forester to access this website you must leave immediately. If you have any questions relating to the website, please contact Forester by telephone at 203-983-7380 or e-mail at info@forestercapital.com.
Ownership of Site and Copyrights
Forester owns and maintains this Website. The information on this Website and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of Forester or its licensors (“Materials”) accessible via this website is and shall remain the exclusive property of Forester and its affiliates and licensors. This information cannot be modified, copied, distributed, transmitted, reproduced, displayed, shared, performed, published, licensed or otherwise disclosed without the prior written permission of Forester. This website is not intended for public use or distribution. Forester reserves all rights with respect to copyright and trademark ownership of all material on this website, and will enforce such rights to the full extent of the law.
Trademarks
Forester and other marks and company names indicated on this Website are service marks of Forester. Nothing on this Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any photograph, image, trademark, logo or service mark on this Website. As with the Materials (described above), such trademarks, logos and/or service marks and company names may not be modified, reproduced, distributed, published, displayed, licensed, transferred, sold or otherwise used by electronic or any other means without the prior written consent of Forester. All other trademarks, service marks and company names and logos appearing on this Website are the property of their respective owners.
No Offer of Securities - Disclosure of Interests
Under no circumstances should any material on this website be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any investment fund managed by Forester. Any such offer or solicitation will be made only by means of the Confidential Private Offering Memorandum or Confidential Explanatory Memorandum relating to the particular fund. Access to information about the funds is limited to investors who either qualify as accredited investors within the meaning of the Securities Act of 1933, as amended, or those investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments.
Forester provides no advice or recommendations with respect to the use of this Website, nor do the contents of this Website constitute investment, legal, tax or accounting advice or advice regarding the suitability or profitability of any transaction or investment.
Unauthorized Access
This Website is not absolutely protected against unauthorized third parties. You acknowledge that any information provided through the internet may be potentially accessed by unauthorized third parties. Although Forester will make reasonable efforts to protect the privacy of users of this site, no guarantee can be made that unauthorized third parties will not access the information contained on this Website. Unless required by law, you acknowledge that Forester is not responsible for notifying you that unauthorized third parties have gained such access or that any data has been otherwise compromised during transmission across computer networks or telecommunications facilities, including, but not limited to, the internet.
Non-United States Visitors
Given the global nature of the internet, this Website may be accessed by visitors residing outside of the United States. Forester makes no representations or warranties that services discussed on this Website are available or appropriate for sale or use in all jurisdictions, or by all counterparties. Visitors who choose to access this Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access. You may not use or export the information or Materials in violation of U.S. export laws and regulations. The information provided in or accessible through this Website 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 or which would subject Forester and/or its affiliates to any registration or other requirement within such jurisdiction or country.
Passwords and Security
Certain areas of this Website are password protected and are limited exclusively to the person to whom a username and password has been issued. You are responsible for the confidentiality and use of your password. Your password is an important means of protection for you. You agree to contact us immediately if you believe that an unauthorized person has obtained access to your password.
Third-Party Information
Certain information contained on this Website may be prepared by third parties. Forester does not endorse, validate or recommend the information provided by such third parties. You understand that Forester has no control over such information, and therefore is not responsible for the content of any such information. Forester shall not be liable for any damage or loss caused by or in connection with the use or reliance upon any such information.
Link to Third-Party Sites
Forester has not reviewed unaffiliated sites to which this Website is linked, and is not responsible for the content of off-site pages or any other site linked or linking to the site. Your linking to any off-site pages or other sites is at your own risk. Forester makes no representations whatsoever about the opinions or accuracy of information expressed by any third party appearing on a linked site, neither regularly monitors nor has control over the contents of such sites, and does not endorse or validate, and disclaims all responsibility for, the content of such statements or websites.
Disclaimer of Warranties
This Website and all Materials are provided “as is,” “as available” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. While Forester uses reasonable efforts to update the information on this website, Forester makes no representations or warranties as to the accuracy, reliability or completeness of any information on this website. Any of the contents on this website are subject to change without notice. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with this Website. Any contents on this Website are subject to change without notice. The Materials published on this Website may include inaccuracies or typographical errors. Forester does not undertake to update forward-looking statements. Forester further assumes no responsibility for, and makes no warranties that, functions contained at this Website 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. In addition, Forester makes no representation about the suitability of the Materials for any purpose. You (and not Forester) assume the entire cost and risk of using this Website and the Materials. Please note that applicable law may not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.
Material to be Consulted in its Entirety
All Materials on this website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any footnotes, legal disclaimers, restrictions, disclosures or notices 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 that you review or download.
Limitation of Liability
In no event will Forester be liable for any damages, or for repairs or corrections that must be performed, to or on your computer, person or other property, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or use thereof or the inability by any party to use such site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Forester, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by applicable law. This limitation of liability applies regardless of any negligence or gross negligence of Forester or any of its officers, representatives, associates or agents. You accept all risks in relying on any information contained in this Website.
If you are dissatisfied with any portion of this Website, or with any of these Terms, your sole and exclusive remedy is to discontinue using this Website.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of Connecticut, without regard to any conflicts of laws provisions that would mandate the applicable of the law of another jurisdiction.
Severability
If a court of competent jurisdiction deems any provision of these Terms unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.