The information offered by Sohra Peak Investment Management LLC and its affiliates (collectively, “Sohra Peak”) on this site is subject to certain terms and conditions that pertain to this site and any material on it (the “Terms and Conditions”). These Terms and Conditions apply to all users. By entering this site or by transmitting any information to the site, you acknowledge and agree to all of the Terms and Conditions without modification. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use this site. Any use of this site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We reserve the right to revise these Terms and Conditions, and any opinions and any other content, at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of this site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the site to review the Terms and Conditions.
As used herein, the terms “you” and “user” shall mean any visitor to this website and “we” and “us” shall mean Sohra Peak.
Copyright and Trademark Notice
Sohra Peak is the copyright owner for everything on the site or has the permission to use the material on the site. No portion of the site, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written permission of Sohra Peak, except as provided herein. The compilation of all content on the site is the exclusive property of Sohra Peak and is protected by U.S. and international copyright laws. All software used on the site is the property of Sohra Peak or its software suppliers and is protected by U.S. and international copyright laws. By entering the site you acknowledge and agree that each name, photograph, image, logo, trademark, or service mark contained on the site is owned or licensed by Sohra Peak and may not be used or distributed by you without the prior written consent of Sohra Peak. Sohra Peak will aggressively enforce its intellectual property rights to the full extent of the law. Information or images of places or people are either the property of Sohra Peak or used on the site by Sohra Peak with permission. Your use of any such materials is prohibited unless specifically permitted by Sohra Peak. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights. All other trademarks, service marks and company names and logos appearing on this Website are the property of their respective owners.
Limitations on Liability and Indemnity
By entering the site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the site, including Sohra Peak and its parents, subsidiaries, licensors, service providers, officers, directors, employees, agents, representatives or contractors, is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, through access to the site, use or browsing of the site, or through your downloading of any text or images, from the site.
You agree that you will be solely responsible for, and that you will defend, indemnify and hold Sohra Peak, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the website. Sohra Peak reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Sohra Peak for all liabilities, losses or damages. You agree to provide Sohra Peak with whatever cooperation it reasonably requests.
For the avoidance of doubt, in no event will Sohra Peak 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 Sohra Peak, 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 Sohra Peak or any of its officers, representatives, associates or agents. You accept all risks in relying on any information contained in this Website.
If any warranty disclaimer or limitation on liability in this agreement is found to be invalid or unenforceable for any reason, then the aggregate liability of Sohra Peak upon any claim (whether in contract, in tort, or otherwise) arising out of the site, its use or its contents shall not exceed one thousand dollars ($1,000.00).
If you are dissatisfied with any portion of this website, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using this website.
Governing Law
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware, without regard to any conflicts of laws provisions that would mandate the applicable of the law of another jurisdiction. You agree that any dispute or action at law or inequity arising out of or relating to these terms and conditions of use or your use of the site shall be commenced only in the U.S. District Court for the Southern District of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.
Waiver
No waiver by Sohra Peak of any right under or term or provision of these terms and conditions of use will be deemed a waiver of any other right, term or provision of these terms and conditions of use at that time or a waiver of that or any other right, term or provision of these terms and conditions of use at any other time.
Termination
These terms and conditions of use are effective until terminated by Sohra Peak. Upon termination of these terms you must destroy all information and materials obtained by you or on your behalf from the website and all associated documentation, copies, and installation whether made under these terms or otherwise.
Severability
If a court of competent jurisdiction deems any provision of these Terms and Conditions unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.