1. Amendment.
These Terms of Use may be amended by ADV Partners Holdings Ltd. (“ADV Holdings”) at any time in the sole and absolute discretion of ADV Holdings. Further, ADV Holdings reserves the right, in its sole and absolute discretion, to adopt additional policies, addenda and supplements that apply to any or all of the Terms of Use or the Site. You agree that ADV Holdings may effect changes to these Terms of Use by posting such changes to the Site or incorporating such changes into the Terms of Use posted on the Site. You further agree that your use of the Site after such changes have been made shall constitute your acceptance of these Terms of Use as so modified. If you do not agree to be bound by these Terms of Use as so modified, do not use, or continue to use, the Site.
2. Limited License to You.
ADV Holdings grants you a non-exclusive, non-transferable, limited and revocable personal license to access the Site and the information contained herein for informational purposes only in accordance with these Terms of Use and all applicable laws, regulations and other legal requirements (collectively, “Laws”). You may not copy, reproduce, rebroadcast, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload, create derivative works from, transmit or otherwise exploit any part of the Site or any of the information provided in the Site, in whole or in part, without the prior written consent of ADV Holdings, which consent may be withheld in the sole and absolute discretion of ADV Holdings. This license is conditioned on your continued compliance with these Terms of Use. Further, ADV Holdings reserves the right to revoke or modify this license at any time. Your continued use of this Site after any modification of this license by ADV Holdings conclusively shall be deemed to be your acceptance of the modified license terms.
3. License to ADV.
You grant ADV Holdings and the ADV Entities (as defined below) (collectively, “ADV”) a free, non-exclusive, irrevocable and perpetual license to use Your Content (defined below) for any and all of the Permitted Purposes (defined below). The license granted to ADV pursuant to this Paragraph commences with respect to any of Your Content immediately upon the writing, posting, upload or other placement of any of Your Content on or to the Site and continues in perpetuity. Such license shall not be affected by the removal of any of Your Content from the Site, whether removed by you or ADV, by your rejection of these Terms of Use at any time or by your subsequent failure to use the Site. Without your consent or any payment to you, ADV may assign or otherwise transfer its rights under this license to any other person or entity in ADV’s sole and absolute discretion on such terms as may be determined by ADV in its sole and absolute discretion. As used herein, “ADV Entities” shall mean all entities directly or indirectly owned or controlled by ADV Holdings, and all entities and investment funds directly or indirectly managed or otherwise directed by ADV Holdings. As used herein, “Your Content” shall mean any writing, posting, upload or other placement on or to the Site any text, writing, summary, photograph, depiction, formula, video or audio recording or any other content or material of any nature whatsoever. As used herein, “Permitted Purposes” shall mean any purpose in furtherance of or related to the business interests of ADV as determined by ADV in its sole and absolute discretion including, without limitation, publishing or otherwise publishing any of Your Content on the Site or any other website, transmitting any of Your Content to any person or entity, modifying or preparing derivative works of any of Your Content, incorporating any of Your Content in any other data, calculations, content or other materials generated by ADV or by any third party on behalf of ADV, utilizing any of Your Content for direct marketing purposes, storing any of Your Content for such time as determined in the sole and absolute discretion of ADV and any other copying, recompiling, decompiling, disassembling, reverse engineering, downloading, uploading or otherwise exploiting of any of Your Content for direct marketing purposes, storing any of Your Content for such time as determined in the sole and absolute discretion of ADV and any other copying, recompiling, decompiling, disassembling, reverse engineering, downloading, uploading or otherwise exploiting of any of Your Content.
4. “As Is”.
The Site and any information and material available on or through the Site, including without limitation any links to third party sites, is provided on an “as is” basis at your sole risk. You acknowledge and agree that ADV has no obligation, but ADV reserves the right, to update any content in or provided through the Site, and that any illustration of the past performance of any investment or transaction does not provide any indication of, or represent any warranty or guarantee of, any future results. You further acknowledge and agree that any information made available on or through the Site does not constitute any accounting, financial, investment, legal, tax or other professional advice and you agree not to rely on such information. ADV recommends that you consult your professional and legal advisors with respect to any investment or transaction that you may consider.
5. Disclaimer.
ADV disclaims any express or implied warranties of merchantability or fitness for a particular purpose with respect to the Site or any information available in or through the Site. ADV specifically disclaims any warranty with respect to the accuracy or completeness of any information provided in or though the Site and any results expressed or implied by or through your use of the Site including, without limitation, the performance of any investments that you previously may have made, or may in the future make, with or through ADV. The Site may contain links to third-party websites that are not owned or controlled by ADV. You acknowledge and agree that ADV assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third- party websites.
6. No Offer; No Solicitation.
The Site is intended for sophisticated professional investors only and is not intended for retail investors. Notwithstanding the above, the Site is not directed to any person in any jurisdiction where (for any reason) the publication or availability of the Site is prohibited, and persons in respect of whom such prohibitions apply must not access the Site. Subject to the above. The Site and the information contained in the Site are made available for your private information only. ADV does not solicit any action from you or provide any advice to you by or through the Site or any information contained therein. ADV further does not make any offer to you to enter into any transaction or investment by or through this Site or the information contained therein. Neither this Site nor any information provided in the Site has been registered or otherwise approved by the Hong Kong Securities and Futures Commission (the “SFC”) or any other governmental or quasi-governmental entity or agency. No product referred to on the Site is authorised for sale to retail investors in any jurisdiction. Neither ADV Holdings nor any of the ADV Entities (other than ADV Partners Limited in Hong Kong) holds an SFC license. None of the shares or other ownership interests of any of the ADV Entities and no interest in any investment made by or managed by any of the ADV Entities has been registered under the United States Securities Act of 1933 as amended (the “Securities Act”) with any United States federal or state agencies, and, subject to certain exceptions, may not be offered or sold within the United States or to, or for the account of, “US Persons” (as such term is defined in Regulation S under the Securities Act). Neither ADV Holdings nor any of the ADV Entities offer any services or securities in the United States or to US Persons through the Site.
7. Your Covenants.
You agree to comply with all procedures, requirements, restrictions instructions and/or conditions regarding the access and use of the Site that ADV may issue from time to time. You further agree to comply with all Laws applicable to your use of the Site, any of Your Content that may be posted, uploaded or otherwise placed on the Site and/or the information obtained by or through this Site.
8. Linking; Framing.
ADV prohibits the use of any links to the Site from any other websites unless such link is approved in writing by ADV prior to its establishment. Such approval may be withheld by ADV in its sole and absolute discretion. From time to time, ADV periodically may provide links to one or more third party websites. These Terms of Use only apply to the Site and not any such linked third party websites (each, a “Linked Site”). ADV’s decision to link a Linked Site is not an endorsement of the content, goods or services of such Linked Site. If you access any Linked Site, you do so at your sole risk. Kindly direct any concerns regarding any Linked Site to the administrator of such Linked Site.
9. Limitation of Liability.
To the maximum extent permitted by applicable Laws, you agree that ADV Holdings and each of the ADV Entities, and the respective directors, officers, partners, members, employees, managers, attorneys and advisors of all of the foregoing (collectively, the “ADV Parties”) shall not have any liability whatsoever to you or any third party for any loss, damage or liability (including without limitation any direct, indirect or consequential loss or any lost profits or lost opportunities) suffered by you or any third party arising from, related to or in connection with (a) the accuracy, completeness or content of the Site, (b) any aspects of any sites (including, without limitation, the accuracy, completeness or content of such sites) linked (through hyperlinks, banner advertising or otherwise) to the Site, (c) personal injury or property damage of any nature whatsoever, (d) third-party conduct of any nature whatsoever, (e) any unauthorized access to or use of the Site and/or any and all content or other information and data stored therein, (f) any interruption or cessation or services to or from the Site or any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, (g) any viruses, worms, bugs, Trojan horses, malware or programs of a similar nature which may be transmitted to or from the Site or any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, (h) any content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (i) any loss or damage of any kind incurred as a result of your use of the Site, whether such loss or damage is based on warranty, contract, tort or any other legal or equitable theory, and whether or not any of ADV or the ADV Parties is advised of the possibility of such damages.
10. Indemnification.
To the maximum extent permitted by applicable Laws, you agree to indemnify, defend, protect and hold harmless ADV and the ADV Parties from and against any and all claims, costs, damages, demands, expenses, liabilities and losses of every kind and nature (including, without limitation, attorneys’ fees and litigation expenses on a full indemnity basis) imposed upon or incurred by any of ADV and/or the ADV Parties directly or indirectly arising from (a) your use of and access to the Site, your posting, upload or other placement of any Your Content on or to the Site, and/or any information obtained by or through the Site, (b) your violation of any provision of these Terms of Use, and/or (c) your violation of any third-party right, including without limitation any intellectual property or other proprietary right or injury of any third-party. The indemnification obligations under this Paragraph shall survive any termination or expiration of the Terms of Use and any cessation of your use of the Site.
11. Miscellaneous.
The titles and headings in these Terms of Use are for convenience and reference only, and shall not be used to explain, modify, amplify or aid in the interpretation, construction or meaning of any provision of these Terms of Use. Failure or delay by ADV to enforce any of its rights under these Terms of Use or the Site Privacy Policy or the giving of additional time for performance or other indulgence is not a waiver of such right unless ADV acknowledges the waiver in writing, nor will any single or partial exercise of any right or remedy preclude any further exercise of the same or the exercise of any other right. No waiver of any particular breach of any provision of these Terms of Use or the Site Privacy Policy will operate as a waiver of any repetition of such breach. Nothing in these Terms of Use or the Site Privacy Policy shall be deemed to confer any third party rights or benefits. These Terms of Use and the SitePrivacy Policy shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Each covenant and agreement in these Terms of Use and the Site Privacy Policy shall be construed for all purposes to be a separate and independent covenant or agreement. If any provision of these Terms of Use or the Site Privacy Policy shall contravene or otherwise be invalid under any applicable Laws, such contravention or invalidity shall not invalidate any other provisions of these Terms of Use or the Site Privacy Policy, but rather such provision shall be construed, insofar as the applicable Laws are concerned, as not containing the provision or provisions (or portions thereof) contravening or invalid under such applicable Laws, and the rights and obligations created under the foregoing shall be construed and enforced accordingly. These Terms of Use, together with the Site Privacy Policy, constitute the entire understanding between you and ADV in relation to the Site and your use thereof and supersede all prior agreements, negotiations and representations between the parties, whether oral or written. These Terms of Use and the Site Privacy Policy shall be governed by and construed in accordance with the laws of Hong Kong. You and ADV agree to submit any difference or disputes arising in connection with these Terms of Use, the Site Privacy Policy and/or your use of the Site to the non-exclusive jurisdiction of the courts of Hong Kong.
12. Publication.
The Site is published and issued by ADV Partners Holdings Ltd. ADV Holdings reserves any and all rights, including without limitation any copyright, trademark, patent and other intellectual property rights, regarding the information provided in or through the Site.
