Albatrox Capital

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Terms & Conditions

Last Updated: April 4th, 2025

Thank you for visiting this website, owned and operated by Albatrox Capital and its affiliates (“Albatrox”, “Company” “we” or “us”).  It is important that you please read our Terms & Conditions of Use as set forth below (“Terms”) carefully.  Your access to and use of our website are conditioned on your acceptance of and compliance with these Terms. By accessing or using our website you agree to be bound by these Terms.

We may revise these Terms from time to time without direct notice to you, and the most current version of these Terms will be available at https://albatroxcapital.com/terms-and-conditions.  By continuing to access or use the website after those revisions become effective, you agree to be bound by the revised Terms. 

1. General

By accessing or using this website, you expressly acknowledge that you have read and agree to be bound by the Terms, our Privacy Policy and any additional guidelines, Terms, or rules posted on the website in connection with your use of any features on the website (each incorporated herein by reference), and any applicable laws.  By accessing or using this website, you also represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU MAY NOT ACCESS AND/OR USE THE WEBSITE.

By using our Services, you represent and warrant that you:

  1. If an individual, are at least 18 years old;
  2. Are legally qualified to enter a binding contract with Albatrox;
  3. Are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
  4. Are not on any list of individuals prohibited from conducting business with the United States;
  5. Are not prohibited by law from using our Services;
  6. Do not have more than one account on our Services; and
  7. Have not previously been removed from our Services by us, unless you have our express written permission to create a new account.

2. License Grant

Subject to these Terms, Albatrox grants you a non-transferable, non-exclusive, revocable, limited license to use and access the website solely for your own personal, noncommercial use, all conditioned upon your compliance with these Terms.  This license is revocable by Albatrox at any time.

3. Website Content and Intellectual Property

Trademarks: Certain trademarks, service marks, and logos (the “Trademarks”) used and displayed in connection with our website are owned by Albatrox. The website may also contain or refer to third-party trademarks, trade names, product names, and logos that may be registered trademarks of their respective owners. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed in connection with the website without Albatrox’s express written permission.

Copyrighted Works: All content provided in association with the website and these Terms, including, but not limited to, computer software, images/video, electronic art, graphics, sounds/audio, data, communications programs, and user interfaces, executable code, computer code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, and databases and any and all other copyright-protected work associated with the Services (“Copyrighted Works”) are owned by or licensed to Albatrox and are protected by U.S. and international copyright laws. You agree not to directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Copyrighted Works without the prior express written permission of Albatrox.

Feedback: If you send or transmit any communications or materials to Albatrox by mail, email, telephone, or otherwise, suggesting or recommending changes to the website, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Albatrox is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Albatrox is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Albatrox is not required to use any Feedback.

DMCA Copyright Notice: Albatrox respects the intellectual property rights of others and it is Albatrox’s policy to expeditiously process and review and notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to Albatrox at info@albatroxcapital.com, and must contain all of the following: (i) a signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and is to be removed or have access to same disabled, and information sufficient to permit our administrators to locate the material; (iv) information sufficient for us to contact you, such as address, telephone number and email address; (v) a statement that you have 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; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. If you believe any content or materials posted or uploaded by you were improperly removed or disabled, you may submit a notice to info@albatroxcapital.com with all of the following: (A) your signature (physical or electronic); (B) a description of the work at issue; (C) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (D) your name, address and telephone number, and a statement that you consent to jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

4. Submissions and User Content

This website may permit users to post comments in its public forums.  Albatrox does not have an obligation to monitor this website, and it will not review every post made to its public forums. All ideas, notes, suggestions, concepts and other information that you post or send to us shall be deemed and shall remain Albatrox’s sole property and shall not be subject to any obligation of confidentiality on its part. You agree that you will not submit to Albatrox any information or ideas that you consider to be confidential or proprietary.  Albatrox reserves the right to periodically review submissions and posts to its website to determine compliance with these Terms and to satisfy any law, regulation or authorized government request. Albatrox shall have the right in its sole and absolute discretion but not obligation to edit, refuse to post or remove any material submitted to or posted on its website.

When you use this website, you agree that you will not post, upload, distribute or disseminate any objectionable information or any information that is:

  1. illegal
  2. libelous
  3. defamatory
  4. obscene
  5. pornographic
  6. threatening
  7. abusive
  8. hateful
  9. offensive

You agree that you will not post, upload, distribute or disseminate any advertisements or solicitations, or exploit any information obtained through the website for commercial purposes, unless expressly permitted to do so in writing by Albatrox.  You agree that you will not post, upload, distribute, disseminate, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same, and further that you will not use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.  Albatrox reserves the right to delete or edit any content and refuse access to anyone who it believes, in its sole and absolute discretion, has violated these Terms.

5. Promotions

This website may, from time to time, contain sweepstakes or other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration or entry are valid and you agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this website.

NO WARRANTIES

YOU AGREE THAT USE OF THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOU USE THE WEBSITE AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  We do not guarantee the suitability, reliability, availability, accuracy or timeliness of information available from the website.  We do not guarantee that the website will be uninterrupted, secure, error-free, free of viruses or other harmful components, or that data loss will not occur. 

6. Disclaimers, Limitations of Liability, and Indemnity

Albatrox tries to keep this website accessible, error-free and safe, but cannot guarantee that the website will be secure or that access to or use of the website will be uninterrupted or free of errors or omissions. Albatrox does not warrant that the website will operate error-free, or that the Services and Albatrox’s servers are free of computer viruses or other harmful components. Albatrox uses reasonable care and skill in providing access to the website, but beyond that, the website is provided without any warranties of any kind. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the wesbite for any reconstruction of any lost data.

ALBATROX AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THE WEBSITE “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND ALBATROX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. ALBATROX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ALBATROX OR AN ALBATROX-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLES TATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.

Nothing in this website shall be construed as an offer, recommendation, or solicitation to buy, sell, or hold any security or to engage in any investment strategy or transaction. Nothing in this website is intended to constitute tax, legal, or investment advice.

NOTHING IN THIS WEBSITE SHALL BE CONSTRUED AS AN OFFER, RECOMMENDATION, OR SOLICITATION TO BUY, SELL, OR HOLD ANY SECURITY OR TO ENGAGE IN ANY INVESTMENT STRATEGY OR TRANSACTION. NOTHING IN THIS WEBSITE IS INTENDED TO CONSTITUTE TAX, LEGAL, OR INVESTMENT ADVICE.

You acknowledge and agree that at times the website may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Albatrox may undertake from time to time without notice to you; or (iii) causes which are beyond the control of Albatrox or which are not reasonably foreseeable.

IN NO EVENT WILL ALBATROX, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT ASSOCIATED WITH THE SERVICES, OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT ALBATROX HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL ALBATROX BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU TO ALBATROX UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold harmless Albatrox, its companies, affiliates, and their agents, employees, representatives, assigns and successors from and against any and all claims, losses, actions, liabilities, damages, injuries, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of, directly or indirectly:  (a)  any use you make of this website or your use of Content; (b) your violation of these Terms: or (c) infringement by you of any intellectual property or other right of any person or entity or your violation of applicable laws or regulation.  Albatrox reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Albatrox.  Albatrox will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

7. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the website.  Albatrox may suspend or terminate your rights to use the website (including any account you create that may be available through the website) at any time for any reason at our sole discretion, including for any use of the website in violation of these Terms.  Upon termination of your rights under these Terms, your account and right to access and use the website will terminate immediately.  You understand that any termination of your account may involve deletion of any content associated with your account.  Albatrox will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your content.  Even after your rights under these Terms are terminated, the provisions by their nature would continue beyond the expiration or termination of these Terms, including the Website Content and Intellectual Property, No Warranties, Limitation of Liability, Indemnification and Governing Law and Venue provisions, shall survive such expiration or termination.

8. Third-Party Websites

Our website may link to or advertise third-party websites. Albatrox does not operate or control the content, products, or services posted on or offered by third-party websites. Any responsibility for such content, products or services on third-party websites lies solely with the third-party websites.  You agree that use of such third-party websites is at your sole risk and is without warranties of any kind by Albatrox, expressed, implied or otherwise. Under no circumstances is Albatrox liable for any damages arising from transactions between you and third-party websites, any information appearing on third-party websites, or any other site linked to or from Albatrox’s website.

9. Changes to Terms

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our website.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our website.  These changes will be effective immediately for new users of our website.  Continued use of our website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

10. Governing Law and Venue

The Terms will be governed by the laws of the State of Washington, without regard to choice of law or conflicts of law principles that would require application of law of a different jurisdiction.  You hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of the state and federal courts located in Washington for all disputes arising out of or relating to the Terms or use of this website. You hereby knowingly, voluntarily, intelligently, and irrevocably waive any available affirmative defenses to venue and jurisdiction in the State of Washington, including without limitation improper venue, forum non conveniens, lack of personal jurisdiction, and all related defenses.

11. Severability

If any portion of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of these Terms which shall remain in full force and affect. 

12. Entire Agreement

These Terms, our Privacy Policy, and any other rules established by us on this website constitute the sole and entire agreement between you and Albatrox concerning the subject matter set forth above.