Disclaimer: The information set forth here aims to summarize certain developments, articles and media mentions with respect to Bitcoin that Pantera believes may be of interest. The views expressed are the subjective views of Pantera personnel, based on information which is believed to be reliable and has been obtained from sources believed to be reliable, but no representation or warranty is made, expressed or implied, with respect to the fairness, correctness, accuracy, reasonableness or completeness of the information and opinions. The information contained is current as of the date indicated at the top of each respective article.
Pantera does not undertake to update the information contained herein. The information provided is not intended to provide, and should not be relied on for, accounting, legal or tax advice, or investment recommendations. Pantera and its principals have made investments in some of the instruments discussed in this communication and may in the future make additional investments, including taking both long and short positions, in connection with such instruments without further notice.
Certain pieces of the information provided constitutes “forward-looking statements, “which can be identified by the use of forward-looking terminology such as “may”, “will”, “should”, “expect”, “anticipate”, “target”, “project”, “estimate”, “intend”, “continue” or “believe” or the negatives thereof or other variations thereon or comparable terminology. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements and no undue reliance should be placed on these forward-looking statements. Past performance is not necessarily indicative of or a guarantee of future results.
It is strongly suggested that any prospective investor obtain independent advice in relation to any investment, financial, legal, tax, accounting or regulatory issues discussed here. Analyses and opinions contained here may be based on assumptions that if altered can change the analyses or opinions expressed. Nothing contained herein shall constitute any representation or warranty as to future performance of any financial instrument, credit, currency rate or other market or economic measure.
If you have any questions or comments about this BitFlash Disclaimer, please contact us at: Pantera Capital Management LP, One Market Plaza, Spear Tower, 42nd Floor, San Francisco, CA 94105.
Pantera Capital Management LP
Last Updated: [January 5, 2015]
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. By using the Site, you acknowledge that you have read these Terms and you agree to be bound by them in their then-current form without limitation or qualification each time you use the site. If you do not agree to these Terms, you do not have our consent and should immediately stop using the Site. Your right to use the Site is subject to your agreement to abide by these Terms in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. Pantera reserves the right, at our discretion, to change, modify, add or remove portions of these Terms on a going-forward basis at any time without notice to you, or revoke your right to use all or any portion of the Site. Modifications will be effective immediately upon posting unless we indicate otherwise. Therefore, we suggest that you review these Terms periodically for changes. By using our Site after we have posted changes to these Terms and conditions of use, you are agreeing to be bound by these Terms as amended for your use of the Site after the changes.
These Terms provide that all disputes between you and Pantera will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Pantera.
ALL CONTENT ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING CONTAINED IN THE SITE CONSTITUTES, AND YOU SHOULD NOT CONSIDER ANYTHING ON THE SITE TO BE, INVESTMENT, ACCOUNTING, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE SITE CONSTITUTES A SOLICITATION OR OFFER BY PANTERA, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. ALTHOUGH THE SITE MAY INCLUDE INVESTMENT-RELATED INFORMATION, NOTHING ON THE SITE IS A RECOMMENDATION THAT YOU PURCHASE, SELL OR HOLD ANY SECURITY OR OTHER INVESTMENT, OR THAT YOU PURSUE ANY INVESTMENT STYLE OR STRATEGY. WE DO NOT GIVE ANY ADVICE OR MAKE ANY REPRESENTATIONS THROUGH THE SITE AS TO WHETHER ANY SECURITY OR INVESTMENT IS SUITABLE TO YOU OR WILL BE PROFITABLE. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF NOR A GUARANTEE OF FUTURE PERFORMANCE.
THERE IS NO ASSURANCE THAT ANY SECURITIES DISCUSSED HEREIN ARE, OR WILL REMAIN, IN A PANTERA-MANAGED PORTFOLIO. ANY SUCH SECURITIES DO NOT REPRESENT AN ENTIRE FUND OR PORTFOLIO AND IT SHOULD NOT BE ASSUMED THAT THEY WERE OR WILL BE PROFITABLE, OR THAT THE INVESTMENT RECOMMENDATIONS OR DECISIONS PANTERA MAKES IN THE FUTURE WILL BE PROFITABLE OR WILL EQUAL THE INVESTMENT PERFORMANCE OF SUCH SECURITIES.
THE CONTENT OF THIS SITE IS NOT INTENDED, AND MUST NOT BE CONSTRUED, AS AN OFFER OF, OR A SOLICITATION OF AN OFFER TO PURCHASE, ANY INVESTMENTS IN ANY JURISDICTION WHERE SUCH OFFER OR SOLICITATION WOULD BE UNLAWFUL.
IF YOU WOULD LIKE INVESTMENT, ACCOUNTING, LEGAL OR TAX ADVICE, YOU SHOULD CONSULT YOUR OWN FINANCIAL ADVISORS, ACCOUNTANTS OR ATTORNEYS REGARDING YOUR INDIVIDUAL CIRCUMSTANCES AND NEEDS. DECISIONS BASED ON INFORMATION CONTAINED ON THE SITE ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND AS CONSIDERATION FOR ACCESS TO THE SITE, YOU AGREE TO HOLD PANTERA AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.
THE MATERIALS IN THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PANTERA AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE SITE.
Prohibited Conduct and Restrictions
You may not violate or attempt to violate the security of the Site.
Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Site are protected by one or more copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Pantera and/or its affiliates.
No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not publish, broadcast, distribute, modify, transmit, reuse, repost, repackage, frame, create any derivative of or otherwise redistribute or use all or any portion of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without Pantera’s written permission. You may discuss information you learn from the Site with your financial, legal or tax advisors and others with whom you share investment decisions. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of Pantera and/or its affiliates. Neither Pantera nor any of its affiliates will treat users of this Site as its clients by virtue of their accessing this Site.
You agree not to use this Site for any illegal purpose, or in violation of any local, state, national, or international law. You agree not to violate, or encourage others to violate, any right of a third party or to interfere with the operation of the Site, or any third party’s enjoyment of the Site, including by attempting to offer unsolicited advice to other users of the Site or attempting to collect information about another user or third party without their consent. You also agree not to interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit access, use or copying of any content, or decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing or attempting to discover the source code of any portion of the Site (except to the extent that the activity is expressly permitted by applicable law).
Your Representation and Warranties
You make certain representations and warranties regarding your use of the Site. You represent and warrant that (i) you have full authority and all rights necessary to enter into and fully perform all of the obligations pursuant to these Terms; (ii) you have not and you will not enter in to any agreement or perform any act which might contravene the purposes and/or effects of these Terms; and (iii) you will not delete any of the content on the Site.
Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the United States, its territories, possessions, and protectorates. The Site is controlled and operated by Pantera Capital Management LP from its offices within the State of California, United States of America. Neither Pantera nor any of its affiliates makes any representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative, and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. 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 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 or which would subject Pantera and/or its affiliates to any registration or other requirement within such jurisdiction or country.
Transmissions to and from the Site
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.panteracapital.com domain name, or made via this Site, may not be secure. Communications to Pantera, particularly those containing confidential information, should be sent by mail to: Pantera Capital Management LP, One Market Plaza, Spear Tower, 42nd Floor, San Francisco, CA 94015. Pantera and its affiliates will be free to use, for any purpose, without any compensation due or payable to you, any ideas, concepts, know-how or techniques provided by a Site user to Pantera through the Site or any other means of communication.
Accreditation, Account Setup and Password Security
To access some features of the Site, you must be determined by Pantera to be an accredited investor and be granted an account. When you request accreditation, you will be required to provide us with some information about yourself, including your name, e-mail address and other contact information. You represent and warrant that the information you provide to us is accurate, and that you will keep it accurate and up-to-date at all times. Any accreditation information you provide is not a guarantee that Pantera will find you to be an accredited investor. Pantera may determine any person’s accreditation status in its sole discretion.
If Pantera provides you an account on the Site, you will also be asked to provide a password. You are solely responsible for maintaining the confidentiality and security of your account and password. You agree to accept responsibility for all activities that occur under your account. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Accordingly, you should take steps to protect the confidentiality of your password. If you have reason to believe that your account is no longer secure, or if you become aware of any disclosure, loss, or unauthorized use of your password, then you must immediately notify us at firstname.lastname@example.org. You further agree that you will not sell or otherwise transfer the access granted under these Terms, or any materials you may access hereunder. We will not be responsible for any loss to you that arises any use or action taken under your password or from your failure to comply with these provisions.
These terms are effective until terminated by Pantera, provided that you may terminate these Terms at any time only by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise.
If you violate any provision of these Terms, your permission from us to use the Site will terminate automatically. In addition, Pantera may in its sole discretion terminate your user account on the Site, or suspend or terminate your access to the Site at any time, with or without notice. We also reserve the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site) without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site.
Upon any termination of these Terms, you must destroy all information and materials obtained by you or on your behalf from the Site and all copies and installations thereof, whether made under the terms of these Terms or otherwise.
Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site, or certain features of the Site that we may post on or link to from the Site, such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Site, as Pantera may add from time to time. All additional terms are incorporated by this reference into, and made a part of, these Terms. Pantera reserves the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Site. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Dated content speaks only as of the date indicated. We make reasonable efforts to provide accurate content on the Site, but at times we may not promptly update or correct the Site even if we are aware it is inaccurate, outdated or otherwise inappropriate.
Ownership and Proprietary Rights
The Site is owned and operated by Pantera. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site that are provided by Pantera are protected by intellectual property and other laws. All materials contained in the Site are the property of Pantera or our third-party licensors. Except as expressly authorized by Pantera, you may not make use of the materials. Pantera reserves all rights to the materials not granted expressly in these Terms.
You agree that you will be responsible for your use of the Site, and you agree to defend and indemnify Pantera and its officers, directors, employees, consultants, affiliates, subsidiaries and agents, from and against every suit, claim, liability, damage, loss, demand and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law, statute, ordinance or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PANTERA AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS, AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
PANTERA IS NOT LIABLE FOR ANY TECHNOLOGICAL PROBLEMS AND ANY IMPACT THEY MAY HAVE. ALL OR ANY PORTION OF THE SITE MAY NOT BE AVAILABLE AND MAY NOT FUNCTION PROPERTY AT ANY TIME. WE MAKE REASONABLE EFFORTS TO AVOID TECHNOLOGICAL PROBLEMS, BUT AT ANY TIME, THE SITE MAY HAVE AND MAY CAUSE TECHNOLOGICAL PROBLEMS SUCH AS VIRUSES AND OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR ENGINES. WE TAKE REASONABLE SECURITY PRECAUTIONS WHEN USING THE INTERNET, TELEPHONE OR OTHER MEANS TO TRANSPORT DATA OR OTHER COMMUNICATIONS, BUT WE DISCLAIM LIABILITY FOR ANY INTERCEPTION OF DATA OR COMMUNICATIONS. WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE IS SECURE, BUT WE DO NOT GUARANTEE THE SECURITY OF THE SITE. WE ARE NOT LIABLE FOR ANY DAMAGE OR INJURY CAUSED BY THE PERFORMANCE OR FAILURE OF PERFORMANCE OF ALL OR ANY PORTION OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THESE TERMS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Links to Other Web Sites and Services
Pantera does not review or monitor any websites referenced in, accessible from or connected by hyperlink to the Site and is not responsible for the content of any such linked websites. Following links from or to such websites is at your sole risk. Accordingly, neither Pantera nor any of its affiliates can be held responsible for the information, materials, products or services obtained on or from such other websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by or affiliation with Pantera or any of its affiliates with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. In addition, you agree not to link any of your websites or any third-party website to the Site without the express prior written consent of Pantera. Pantera reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to the Site.
No waiver by Pantera or any of its affiliates of any right under or term or provision of these Terms and conditions will be deemed a waiver of any other right, term or provision of these Terms and conditions at that time or a waiver of that or any other right, term or provision of these Terms and conditions at any other time.
Pantera has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate. We may monitor and record activity on the Site for any reason or for no reason. We may investigate any complaint or reported violation of our policies. We may report any activity we suspect may violate any law or regulation to regulators, law enforcement officials, or other persons or entities we deem appropriate. We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action we deem appropriate.
Governing Law and Consent to Jurisdiction
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA. YOU AGREE THAT, IF A LAWSUIT OR COURT PROCEEDING IS PERMITTED UNDER THESE TERMS, SUCH DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN SAN FRANCISCO COUNTY, CALIFORNIA AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
Dispute Resolution and Arbitration
Generally. In the interest of resolving disputes between you and Pantera and/or any of our respective control persons, predecessors, subsidiaries, affiliates, successors, assigns and employees in the most expedient and cost effective manner, you and Pantera agree that every dispute arising in connection with these Terms will be resolved by final and binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitrators’ award is not required to include factual findings or legal reasoning. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PANTERA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions above, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Pantera will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Pantera.
Notice and Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). Pantera’s address for Notice is: Pantera Capital Management LP, One Market Plaza, Spear Tower, 42nd Floor, San Francisco, CA 94015. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Pantera may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Pantera must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Pantera will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Pantera in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with these Terms, Pantera will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Pantera for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND PANTERA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pantera agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications. If Pantera makes any future change to this arbitration provision (other than a change to Pantera’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to Pantera’s address for Notice, in which case your account with Pantera will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
Enforceability. If the “No Class Actions” paragraph above is found to be unenforceable or if the entirety of this “Dispute Resolution and Arbitration” Section is found to be unenforceable, then the entirety of this “Dispute Resolution and Arbitration” Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described above under “Governing Law and Consent to Jurisdiction” will govern any action arising out of or related to these Terms.
We may assign these Terms in whole or in part at any time without your consent. You may not assign these Terms or delegate any of your obligations under these Terms. Any purported assignment of these Terms is void.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be enforced to the maximum extent possible and deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The preceding terms and conditions represent the entire agreement between Pantera and its affiliates, on the one hand, and you, on the other, relating to the subject matter hereof.
The Site is offered by Pantera Capital Management LP, located at Pantera Capital Management LP, One Market Plaza, Spear Tower, 42nd Floor, San Francisco, CA 94015. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
Pantera Capital Management LP
Last Updated: March 10, 2014
A. The Types of Information We Collect About You
When you visit and browse our Site, we may collect two different types of information about you: information you provide to us, and information we collect through technology.
1. Information You Provide to Us
In order to obtain access to certain services provided via this Site and to request certain information directly from Pantera, you may be required to provide personally identifiable information such as your name, postal address, e-mail address, telephone number, facsimile number and investor status. You can chose not to provide this information, but then you may not be able to gain access to such information and services.
2. Information We Collect Through Technology
We may collect information about you through technology. For example, when you visit this Site, we may collect your IP address. (An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet service provider), your company, or your university.) Standing alone, your IP address is not personally identifiable. At times, we may also use IP addresses to collect information regarding the frequency with which visitors browse various parts of our Site. We may combine this information with personally identifiable information.
Furthermore, some of our Site services may not function properly when cookies are disabled.
Our Site may also use other technical methods to track visitor usage, including web beacons. “Web beacons” are small pieces of data that are embedded in images on the pages of a website. We may use such technical methods to analyze the traffic patterns on our Site, including the frequency with which our users visit various parts of our Site. These technical methods may involve the transmission of information either directly to us, or to another party authorized by us to collect information on our behalf. We may also use these technical methods in HTML e-mails that we send visitors to our Site to determine whether such visitors have opened those e-mails and/or clicked on links in those e-mails. We may collect the information from use of these technical methods in a form that is personally identifiable.
We may provide links on our Site to third parties. In addition, third parties may also provide links on our Site. Should you choose to visit these third party sites, you should review their privacy policies to ensure you understand and are comfortable with their practices concerning your personal information. We do not accept, and do disclaim, any responsibility for the privacy policies and information protection practices of any third party website (whether or not such site is linked on or to our Site). These links are provided to you for convenience purposes only, and you access them at your own risk.
B. How Personally Identifiable Information We Collect About You is Used
We may use personally identifiable information we collect about you when you visit and browse our Site in various ways. The ways in which we may use such personally identifiable information that we collect about you when you visit and browse our Site are set forth below.
1. Use in Connection with Normal Business Operations
Investor-specific information provided in connection with your registration on the Site, including any information regarding investor accreditation or investor status, will not be shared with any third parties outside those third party relationships required for Pantera’s normal business operations, such as processing of information on our Site through our use of a third party hosting service.
2. Use in Connection with Third Party Offers
Pantera may share your information with third parties when you engage in certain activities on our Site that are sponsored by third parties, such as purchasing products or services offered by a third party, or electing to receive information or communications from a third party. When you participate in such, you will either be required or requested to agree that the sponsor or business associate may use your personal information (including, in some cases, your e-mail address) in accordance with the sponsor or business associate’s privacy practices.
Any information you provide directly on third party sites or services, or through tools allowing you to export information to such third party sites or services, is provided directly to that third party. We are not responsible for the content or privacy and security practices and policies of these third party sites or services. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.
3. Other Uses
Sometimes we hire companies to help deliver our products or services. In that instance, there is a need to share your information with that company. Sometimes we also work with other companies who help either gather your information or communicate with you. We limit the personally identifiable information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of the personally identifiable information.
C. Additional Ways Personally Identifiable Information May be Disclosed
In the event that all or a portion of Pantera or its assets is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from you to such third party entity.
D. Security Measures
We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk.
E. Updating Your Contact Information and Communication Choices
Should you wish to cancel your subscription, change your contact information, or any other personal information submitted to Pantera through your use of the Site or through any other means, please contact Pantera directly at firstname.lastname@example.org.
F. International Visitors
The Site is hosted in the United States and is intended for visitors located within the United States. If you nonetheless choose to access the Site from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States and, by providing your personally identifiable information to Pantera, you consent to that transfer.
G. Amendments to this Online Privacy Statement
H. Contact Information