Disclaimer
Primus Web Site - Terms of Use
Introduction
Welcome to Primus Guaranty, Ltd.(“Primus”). By accessing, browsing and/or using Primus’s and CypressTree Investment Management LLC (“CypressTree”)’s Web site (the “Site”), you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, please discontinue your use of the Site. Headings are for reference purposes only and do not limit the scope or extent of such section.
Privacy
Please review our Privacy Policy, which also governs your use of the Site, to understand our practices. The Privacy Policy provides a description of how we use and protect your personal information that we receive through this Site. If you object to your information being collected or used in this way please do not use our services.
Proprietary Rights
All right, title and interest in the Site and any content contained herein is the exclusive property of Primus, except as otherwise stated. Unless otherwise specified, the Site is for your personal and non-commercial use only and you may print, copy and download any information or portion of the Site for your personal use only. If you copy or download any information or software from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
You are permitted to view the Site only in its full presentation form and are prohibited from "framing" the Site. You may link to the site only by linking to the home page located at www.primusguaranty.com, www.primusfinancial.com, www.primusassetmanagement.com, and www.cyptree.com. You are prohibited from "deep linking" to any other pages in a manner to bypass the home page.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from this website, except for the purposes expressly provided herein, without Primus’s prior written approval.
All trademarks, service marks and logos are proprietary to Primus. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by Primus/CypressTree, is strictly prohibited.
Use of Documents Available on this Site
Notwithstanding anything to the contrary herein, unless otherwise noted in a particular document, Primus hereby authorizes you to copy electronically or print in hard copy any document published by Primus on the site solely for evaluation purposes within your organization or for your own personal evaluation use. You agree that all such copies shall retain all copyright and other proprietary notices contained therein.
Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies. Under no circumstances may you post Primus or CypressTree documents on any other Web site.
Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Primus has endeavored to create a secure and reliable Web site, please be advised that the confidentiality of any communication or material transmitted to/from a website over the Internet cannot be guaranteed. Accordingly, Primus and Primus’s licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Primus’s and Primus/CypressTree’s licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.
Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Timeliness of Content
All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data.
Links to Other Websites
Primus and CypressTree may provide links, in their sole discretion, to other Web sites on the World Wide Web for your convenience in locating related information and services. These Web sites have not necessarily been reviewed by Primus or CypressTree and are maintained by third parties over which Primus and CypressTree exercises no control. Accordingly, Primus/CypressTree expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third party websites. Moreover, these links do not imply an endorsement of any third party, Web site, or products or services provided by any third party.
Password Security
Certain parts of the Site are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by Primus for your specific use. As part of the registration process, you must select a member name and password and provide Primus with current and accurate information. Any person with knowledge of your password can gain access to the private portions of the Site and information confidentially provided to you. 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. Accordingly, you should take steps to protect the confidentiality of your password. Notify Primus immediately if you become aware of any disclosure loss, theft or unauthorized use of your password. Primus Tree reserves the right to delete or change a password at anytime for any reason.
Disclaimer/ Limitation of Liability
While Primus endeavors to provide accurate and timely information, the information available on the Site may include inaccuracies or typographical errors. You expressly agree that (a) all content, information, or opinions provided via the Site are, and will be construed solely as, statements of opinion and not statements of fact as to investments and trading strategy (b) all content, information or opinions will be weighed, if at all solely as one factor in any investment of credit decision made by you or on your behalf; and (c) you will independently study and evaluate your investments and trading strategy. You should always consult a professional for advice on investments, taxes, the law, or other professional matters. Neither the information, nor any opinion contained in this web site constitutes a solicitation or offer by Primus or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Past performance is not necessarily a guide to future performance and is not a guarantee of future results. Income from investments may fluctuate. The price or value of any investment identified directly or indirectly in this Site may fall or rise against your interests and the interests of other investors. Information contained on this Site was obtained from sources considered reliable, but no representation is made as to its accuracy or completeness. Pricing and other information generated through the use of data or services made available herein may not reflect actual prices or values that would be available in the market at the time provided or at the time that the user may want to purchase or sell a particular security or other instrument. The information and services provided in this Site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Primus is not authorized to provide such information or services. Some products and services described in this Site may not be available in all jurisdictions or to all clients.
INFORMATION CONTAINED IN THE SITE (INCLUDING TEXT, GRAPHICS, LINKS OR OTHER MATERIAL) ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. PRIMUS/CYPRESSTREE AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY RELATED MATERIALS, PRODUCTS, SERVICES OR INFORMATION.
NEITHER PRIMUS/CYPRESSTREE NOR ITS LICENSORS WILL BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO UNREALIZED PROFIT OR TRADING LOSSES, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA, ON YOUR INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEB_SITE, EVEN IF PRIMUS/CYPRESSTREE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF PRIMUS/CYPRESSTREE AND ITS LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity
You will indemnify and hold Primus, its affiliates, and its and their respective officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this these terms and conditions, or your violation of any law or the rights of a third party.
Content License
Any content or feedback provided to Primus by you, grants us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future.
Enforcing Security
Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.
Severability
If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
No Waiver
No failure on the part of Primus to enforce any part of these terms and conditions shall constitute a waiver of any of Primus or CypressTree 's rights under these terms and conditions, whether for past or future actions on the part of any person. Neither the receipt of any funds by Primus/CypressTree nor the reliance of any person on Primus/CypressTree 's actions shall be deemed to constitute a waiver of any part of these terms and conditions. Only a specific, written waiver signed by an authorized representative of Primus shall have any legal effect whatsoever.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider's Designated Agent. If you believe in good faith that Primus should be notified of a possible online copyright infringement involving any Primus Web site, please notify Primus’s Designated Agent at the address below. Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.
- The notice must include the following information as provided by the Digital Millennium Copyright Act, 17 U.S.C. 512 ( c ) (3):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of copyright infringement claims may be reached as follows:
By Mail:
Primus Guaranty, Ltd.
c/o Primus Asset Management, Inc.
360 Madison Avenue
23rd Floor
New York, NY 10017
By Phone: (212) 697-2227
By Fax: (617) 697-3731
In an effort to protect the rights of copyright owners, Primus maintains a policy for the termination in appropriate circumstances of subscribers and account holders of the Site who are repeat infringers.
You may report complaints to.
Primus Guaranty, Ltd.
c/o Primus Asset Management, Inc.
360 Madison Avenue
23rd Floor
New York, NY 10017
Tel: (212) 697-2227
Fax: (212) 697-3731
Amendments to these Terms
Should we decide to amend these terms and conditions, we will provide reasonable prior notice of such changes to you. All amended terms automatically will take effect thirty (30) days after we provide such notice, or on a date that we specify in the notice. While in some instances we may provide notice by email or other means, you agree that notice on the Site about changes to these Terms and conditions shall be deemed sufficient notice to you. Your continued use of the Site after the effective date of the changes to these Terms and conditions shall mean that you accept and agree to be bound by those changes.
PRIVACY POLICY
Primus is committed to maintaining the integrity and privacy of your personal information collected on the Internet. This privacy policy (“Privacy Policy”) discloses our information collection and dissemination practices in connection with the Site. By using the Site you signify your acceptance of the terms in this Privacy Policy. If you do not agree to this Privacy Policy, you should not use the Site.
Collection and Use of Personally Identifiable Information
Information gathered online can generally be categorized as either anonymous or personally identifiable. Anonymous information is information that cannot be traced back to a specific individual. We may gather anonymous information about visitors and use or share anonymous information for any reason.
Personally Identifiable Information (PII) is information you provide that lets us know specific facts about you. This information can include your name, address, zip code, age, etc. Primus does not track collect or distribute personal information about visitors. To the extent you voluntarily provide Primus with personal information, you consent to Primus’s use of the information for reasonable business purposes including, but not limited to, contacting you to provide you with information about Primus investment vehicles.
Except as set forth in this policy, or unless you give us permission to do so, we will not sell, share, license, trade or rent your PII other than as specified in this Privacy Policy.
We may disclose personal information to respond to legal requirements, enforce our policies, or protect anyone’s rights, property, or safety.
We may also share your personal information with:
- members of our corporate family
- law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity.; and
- other business entities, should we merge with, or be acquired by that business entity.
We will disclose PII in compliance with applicable laws and regulations.
Collecting Anonymous Information
Each time a visitor comes to the Site, we collect some information to improve the overall quality of the online experience. We collect the visitor's domain name (e.g. domain.com), (e.g., we record the address of the last URL a user visited prior to clicking through to the Site), and browser and platform type (e.g., an Internet Explorer browser on a Windows platform).]
We also count, track, and aggregate the visitor's activity into our analysis of general traffic flows at our sites (e.g. tracking where traffic comes from, how traffic flows within the Primus/CypressTree properties, etc.). To these ends, we may merge information about you into group data, which may then be shared on an aggregated basis with third parties.
Security
Primus has established reasonable precautions to protect collected PII from loss, misuse, unauthorized access, disclosure, alteration or destruction, which include contractual, administrative, physical, and technical steps. Technical measures include use of firewall protection and encryption technology where appropriate. Although Primus takes reasonable precautions to assess the reliability of such technology, it relies on the statements of the vendors of those products and services as part of its security evaluation. Please note that while Primus has endeavored to create a secure and reliable site for users, the confidentiality of any communication or material transmitted to/from the Site or e-mail cannot be guaranteed.
We urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.
Export of Personally Identifiable Information
By using the Site, you acknowledge and consent to the fact that PII provided by you or collected by us through your use of the Site is stored and processed by us in the United States where data protection laws may not afford the same level of protection as those of the country in which you are located (this is the case for users located in the European Economic Area (“EEA”)). You also acknowledge and consent to the fact that we may, at our discretion, store and process such data in other countries (including countries outside the EEA) where data protection laws may not afford the same level of protection as those of the country in which you are located.
Internet Protocol Addresses
An Internet Protocol address is a number that automatically identifies the computer/machine you have used to access the Internet. The address enables our server to send you the webpages that you want to visit, and it may disclose the server owned by your Internet Service Provider. We utilize your Internet Protocol address to help diagnose problems with our server and to administer our site. Because Internet Protocol addresses are not associated with any individuals, we treat them as anonymous information.
Cookies
Cookies are pieces of information that a website transfers to a user's computer for purposes of storing information about a user's preferences.
Children's Privacy Protection
Primus understands the importance of protecting children's privacy in the interactive online world. The Site is not designed for, or intentionally targeted at, children 13 years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of 13.
Opt-Out/Changes
At certain locations on the Site where we request information about the user, the Site provides users the opportunity to opt-out of receiving communications from us. Users may also review and request changes to their personally identifiable information that Primus has collected, including removing their information from our database in order to prevent receipt of future communications or to halt receipt of our website services, using any of the following options:
You can submit your request online
Contacting the Website
If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this site, please contact:
Primus Guaranty, Ltd.
c/o Primus Asset Management, Inc.
360 Madison Avenue
23rd Floor
New York, NY 10017
Tel: (212) 697-2227
Fax: (212) 697-3731
Amendments to this Privacy Policy
Should we decide to amend this Privacy Policy, we will provide reasonable prior notice of such changes to you. All amended terms will automatically take effect thirty (30) days after we provide such notice, or on a date that we specify in the notice. While in some instances we may provide notice by e-mail or other means, you agree that notice on the Site about changes to this Privacy Policy shall be deemed sufficient notice to you. Your continued use of the Site after the effective date of the changes to this Privacy Policy shall mean that you accept and agree to be bound by those changes.