Terms of Use

Please read these terms and conditions carefully. By accessing this site and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this site, or any pages thereof.

   

1. COPYRIGHT

   Copyright © Shah Capital Management, Inc. All Rights Reserved. Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement and “look and feel” (collectively, the “Site”), is owned by Shah Capital Management, Inc or its affiliates (“Shah”) unless otherwise indicated. Shah expressly authorizes each authorized user to copy electronically or print in hard copy the documents published on the Site for internal reference purposes or other non-commercial, personal use, but not for any other use.

2. USE OF INFORMATION AND MATERIALS

   The information and materials contained in the Site, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of the Site and Shah’s systems including but not limited to unauthorized entry into Shah’s systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Your eligibility for particular products and services is subject to final determination by Shah. The information and materials contained in the Site do not constitute a recommendation or solicitation to purchase or sell any security or make any other type of investment or investment decision. In addition, such information is not intended to provide tax, legal or investment advice. In the event of any discrepancy between information displayed on the Site and information sent in paper or “hard copy” form to any user from time to time, the information contained in the hard copy version shall be deemed to be correct.

3. LINKS

   The site may contain links to web sites controlled or offered by third parties (non-affiliates of Shah). Shah hereby disclaims liability for any information, materials, products or services posted or offered at any of the third-party sites linked to the site. By creating a link to a third-party web site, Shah does not endorse or recommend any products or services offered or information contained at that web site, nor is Shah liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of Shah and the third-party website may provide less security than the site.

4. NO WARRANTY

   The information and materials contained in the site, including text, graphics, links or other items are provided “as is”, “as available”. Shah does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

5. LIMITATION OF LIABILITY

   In no event will Shah or its affiliates, officers, directors, employees or agents be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the site or any linked site or use thereof or inability to use by any party, 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 Shah, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

6. THIRD PARTY INFORMATION

   From time to time, information, including news, company reports and other data, prepared by third parties (non-Affiliates of Shah) may appear on the Site. By accepting these Terms of Use, the user acknowledges that such third party information is for the user’s personal use only and that the user will not retransmit or republish it in any form. The user acknowledges that any such third party information is obtained from sources believed to be reliable, is provided solely on a best efforts basis for the user’s convenience, and that no representations, warranties or guarantees are made by Shah or any provider of such third party information as to the accuracy, completeness, timeliness or correct sequencing thereof. Third party information has been prepared as of the date(s) indicated and may become unreliable because of subsequent market or economic circumstances. Neither Shah nor the provider of such information is under any obligation to update such information or continue to offer such information.

7. SUBMISSIONS

   All information submitted to Shah via the Site shall be deemed and remain the property of Shah and Shah shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to the Site provides Shah through the Site. Nothing contained herein shall be construed as limiting or reducing Shah’s responsibilities and obligations to customers in accordance with the Shah Disclaimer.

8. AVAILABILITY

   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 local law or regulation. Shah reserves the right to terminate, without prior notice, any person’s access to this Site in its sole discretion.

9. ADDITIONAL TERMS

   Certain sections or pages on the Site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Nothing contained herein shall supersede, alter or nullify the terms of any other agreements a user has made or will make with Shah or any affiliate thereof.

10. GOVERNING LAW; INJUNCTIVE RELIEF

    Use of the Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of North Carolina. The user hereby acknowledges and agrees that Shah may be harmed irreparably by any violation of this Agreement and that Shah shall be entitled to injunctive relief to enforce this Agreement. The user agrees that any appropriate state or Federal court located in Wake County, North Carolina shall have exclusive jurisdiction of any case or controversy arising under or in connection with the use of the Site and shall be a proper forum in which to adjudicate such case of controversy. The user consents to the jurisdiction of such courts. The user hereby agrees to waive any requirement for the securing or posting of any bond in connection with such remedy.