Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. YOUR USE OF THIS SITE CONSTITUTES YOUR IRREVOCABLE ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.

Welcome to the website of Samson Capital Advisors LLC (the “Site”). Any reference to “Samson,” “we,” “us” or “our” below shall mean Samson Capital Advisors LLC and its affiliates. The Site and the data, information, products, materials, services and other content available on or through the Site (collectively, the “Content”) are proprietary to Samson, its vendors and service providers, any persons specifically authorized by these parties, and other third parties; are protected by copyright, trade secret and other related proprietary rights, including U.S. and international copyright and trademark laws and treaties; and are confidential to the extent password-protected. You agree not to copy for non-personal use, publish, disclose or otherwise distribute to third parties any Content, without receiving prior written consent from Samson.

THE INFORMATION, PRODUCTS AND SERVICES DESCRIBED ON THIS SITE ARE NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, AND ARE IN PARTICULAR NOT DIRECTED TO, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE (BY REASON OF THAT PERSON’S NATIONALITY, RESIDENCE OR OTHERWISE) SUCH DISTRIBUTION OR USE WOULD BE PROHIBITED OR CONTRARY TO ANY LAW OR REGULATION OR WOULD OBLIGATE US TO COMPLY WITH ANY ADDITIONAL LAW, REGULATION, REGISTRATION OR SIMILAR REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY. PERSONS IN RESPECT OF WHOM SUCH PROHIBITIONS APPLY MAY NOT ACCESS THIS SITE. NOT ALL PRODUCTS OR SERVICES OFFERED BY SAMSON ARE AVAILABLE OR OFFERED IN ALL JURISDICTIONS OR TO ALL CLIENTS.

Only qualified clients will be permitted access to the password-protected parts of the Site, whereby Content relating to their account(s) can be obtained. Site users (“Users” or “you”) may be asked to represent (both through the Site and outside the Site through personal contact) that they meet certain qualifications and may be required to access and agree to a separate form of user agreement. Any questionnaires or other notices, and all information Users provide to us through such questionnaires or otherwise, are subject to these Terms of Use. This Site contains information about Samson and its investment strategies. Products and services offered by Samson are not suitable for all clients. You should read carefully the disclosures contained herein.

Users are responsible for maintaining the confidentiality of the user name and password (“login information”) we provide you for accessing the password-protected parts of the Site, and for securing all facilities, products and equipment that might allow access to the Site (collectively, “Resources”). Users must not share their login information with any third party and are solely responsible for any and all activity that takes place under their login information, whether or not authorized by you. Users agree to notify us immediately (i) in the event of the loss or theft of their login information, (ii) if they believe the confidentiality of their login information has been compromised in any way, or (iii) in the event they learn of the possible or actual unauthorized use of their login information. We reserve the right to revoke a User’s login information at any time, for any reason, without prior notice.

We may require Users to provide additional and/or more detailed information to verify their identity when we deem it necessary or appropriate to do so, including in order to comply with applicable anti-money laundering laws, including, if applicable, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (“USA Patriot Act” or “Patriot Act”). Samson will comply with all applicable regulations which have been or will be promulgated by the United States’ Treasury Department under the Patriot Act.

I. TERMS AND CONDITIONS
Each time you access, view or use the Content you agree and indicate that you (i) understand these Terms of Use, (ii) intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and (iii) accept these Terms of Use and agree to be legally bound by them.
The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to and understanding of all such terms, conditions, and notices. We reserve the right to change, at our discretion, the Content, and any terms, conditions, and notices under which the Site and the information and services offered through the Site are offered, without further notice to you. Your continued use of the Site will signify your agreement with and understanding of any additional or modified Content, validity, terms, conditions or notices applicable to the Site.

II. LICENSE
The Site and the Content are provided by us as a service to you. In order to access and use the Site, you are granted a limited, nonexclusive, revocable and nontransferable license to use the Site, conditioned on your continued compliance with these Terms of Use.
You may not modify, copy, distribute, broadcast, transmit, display, reproduce, publish, license, create derivative works based on, transfer, sell or otherwise use, in any medium, any Content, except you may, for your sole personal use and information, access, use and store the Content or any portion thereof solely for your own personal, and not commercial, purposes. Any personal copy of the information contained on this Site shall retain all copyright and other such notices. As a further condition of use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use and you will comply with any applicable local, state, national, or international laws or regulations when using the Site. You are prohibited from violating or attempting to violate the security of the Site. You may not create a third party link to this Site without prior written consent from Samson.

Nothing at the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at the Site. No act of downloading, storing, accessing, using, or otherwise copying from the Site will transfer title to any software or material at the Site to you. You may not decompile, reverse engineer, disassemble, or otherwise reduce any computer files obtained from the Site to a human-perceivable form. Anything that you transmit to the Site becomes our property, may be used by us for any lawful purpose (subject to any further agreement between us and you), and is further subject to disclosure as deemed appropriate by us, including to any legal or regulatory authority to which we are subject. We reserve all rights with respect to copyright and trademark ownership of all Content, and will enforce such rights to the full extent of the law.

III. USE OF SITE
The Content on the Site is intended for informational purposes only. We do not provide recommendations, investment advice or any other advice to you or any other party through the Site, and no information or material at the Site is to be relied upon for the purpose of making or communicating specific investment or other decisions. Nothing on this Site is intended to be, nor should it be construed or used as, financial, legal, tax or investment advice, an opinion of the appropriateness or suitability of any investment, or an offer, or the solicitation of any offer, to buy or sell any security. ANY TAX STATEMENT CONTAINED ON THE SITE IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY ANY PERSON FOR THE PURPOSE OF AVOIDING TAX PENALTIES. Samson’s products and services are intended only for qualified clients. Before making any investment, a client (along with its tax and/or other advisors) should determine whether such investment is suitable in light of the client’s investment objectives, financial circumstances and tax situation. Unless specifically agreed to otherwise by Samson, our strategies for a particular client are not intended, by themselves, to provide a client with a fully diversified investment program or otherwise tailored to suit any client’s overall investment needs.

The Content is as of the date(s) indicated, is not a complete description of any investment, strategy or other product or service offered by Samson. Certain of the Content, including investment returns, valuations, targets and strategies, may be supplied by third parties, and although believed to be reliable, has not been independently verified.

Any performance information is net of applicable fees unless otherwise noted. Performance results may be estimated and are subject to change and finalization. Targets or objectives, including with respect to returns, volatility or leverage, if any, are used for measurement or comparison purposes and only as a guideline to evaluate a particular investment program’s investment strategies and accompanying information. These targets or similar objectives reflect subjective determinations based on a variety of factors, including, among others, investment strategy, prior performance of similar products (if any), volatility and leverage measures and expectations, risk tolerance and market conditions, all of which can change, including over short periods. There can be no assurance that these targets or objectives will be met, or met over any particular time horizon, and different investment managers or advisors may differ on the likelihood of achieving these targets or objectives. Performance may fluctuate, especially over short periods, as can volatility and leverage. Targets and similar objectives should be evaluated over the time period indicated and not over shorter periods. Targeted returns are not intended to be actual performance and should not be relied upon as an indication of actual or future performance.

No representation is made that any client will or is likely to achieve its objectives, that any investment strategy or risk management will be successful, or that any client will or is likely to achieve results comparable to any shown or will make any profit or will be able to avoid incurring losses. Past performance is no guarantee of future results.

Any assumptions, assessments, statements or the like (“statements”) regarding future events or that are forward-looking constitute only subjective views, outlooks, estimations or intentions, are based upon our or the source’s expectations, intentions or beliefs, should not be relied on, are subject to change due to a variety of factors, including fluctuating market conditions, and involve inherent risks and uncertainties, both general and specific, many of which cannot be predicted or quantified and are beyond Samson’s control. Such risks and uncertainties include, without limitation, the adverse effect from a decline in the securities or futures markets, the correlation or non-correlation between strategies or markets, a general downturn in the economy, competition from other companies, changes in governmental policy or regulation, inability to attract or retain key employees, or inability to implement our strategies. Future evidence and actual results could differ materially from those set forth in, contemplated by, or underlying these statements. In light of these risks and uncertainties, there can be no assurance, and no representation is given, that these statements are now or will prove to be accurate or complete in any way.

Any indices (including financial benchmarks) shown are provided for illustrative purposes only, can be unmanaged, and may or may not reflect reinvestment of income and dividends or the impact of advisory fees. Comparisons to indices have limitations because indices have volatility and other material characteristics that may differ from a particular investment strategy. For example, an account may typically hold substantially fewer securities than are contained in an index. Indices also may contain securities or types of securities that are not comparable to those traded by any account. Therefore, performance may differ substantially from the performance of an index. Because of these differences, indices should not be relied upon as an accurate measure of comparison.

IV. PRIVACY POLICY
The terms of the Site’s Privacy Policy are hereby incorporated as part of these Terms of Use.

V. CONFIDENTIALITY ON INTERNET
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While we have endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed.

Accordingly, we are not responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Site and must make your own determination as to these matters.

VI. SECURITY OF SITE
Actual or attempted unauthorized use 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 permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible criminal activity on the Site.

VII. LINKS TO OTHER SITES
We may permit Users to have access, through hypertext or other computer links, from the Site to web sites operated by persons other than us. In such cases, such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites' owners. A hyperlink from this Site to another web site does not imply or mean that we endorse, recommend, or approve the content on that web site or the operator or operations of that web site. You are solely responsible for determining the extent to which you may use or rely upon any content at any other web sites to which you link from this Site. We are not responsible for the privacy practices or the operation, content, security or policies, including privacy policies, of any other web site that is linked or linking to the Site, and we shall have no liability to you or any other person or entity for the use of, or inability to use, any third party web sites.

Accordingly, Samson and its respective affiliates and each of their respective officers, directors, principals, members, partners, shareholders, employees, agents, advisors and representatives (collectively, “We and Our Affiliates” or as the context requires, “Us and Our Affiliates”) expressly disclaim any liability or responsibility for the content or services of any web site owned by a third party that may be linked to this Site, whether such link is contained on this Site or provided by a third party. No judgment, representation or warranty, express or implied, is made with respect to the accuracy, timeliness, or suitability of the content or services of any web site to which this Site may link, including information on such web site regarding us, and we take no responsibility therefor. If we provide access to other web sites, we are not recommending or endorsing the purchase or sale of any security issued by, or financial or other services provided, issued or endorsed by, such web site’s sponsoring organization or its affiliates or such web site’s advertisers. Your use of such third party sites is at your own risk based upon such due diligence as you have determined is appropriate. We and Our Affiliates shall not be responsible for any loss or damage of any sort incurred as a result of any dealings you may have with respect to such third party or third party web sites or as the result of the presence of any links to such third party web sites. See also “Additional Disclaimers and Disclosures” below.

VIII. EVENTS BEYOND OUR CONTROL
You expressly absolve and release Us and Our Affiliates from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist attacks, or governmental restrictions.

IX. ADDITIONAL DISCLAIMERS AND DISCLOSURES
THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, TIMELINESS, VALIDITY OR COMPLETENESS OF THE INFORMATION AVAILABLE VIA THE SITE AND ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. THE CONTENT HAS BEEN GATHERED AND DERIVED FROM SOURCES BELIEVED TO BE RELIABLE, HOWEVER WE HAVE NOT INDEPENDENTLY VERIFIED THE INFORMATION. WHILE WE MAKE NO COMMITMENT TO UPDATE THE CONTENT, WE RESERVE THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. WE RESERVE THE RIGHT TO MAKE UNAVAILABLE AT ANY TIME THIS SITE OR THE CONTENT. THIS SITE AND ITS CONTENT ARE OUR PROPERTY AND/OR THE PROPERTY OF OUR VENDORS, DATA PROVIDERS AND/OR OTHER THIRD PARTY SOURCES, AND ARE PROTECTED BY COPYRIGHT, TRADE SECRET AND OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. UNAUTHORIZED USE OF ANY MATERIAL CONTAINED ON THE SITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, TRADEMARK LAWS, TRADE SECRET LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND OTHER REGULATIONS AND STATUTES.

WE FURTHER ASSUME NO RESPONSIBILITY, AND MAKE NO WARRANTIES, THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER THAT MAKES IT AVAILABLE OR THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON, YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USING THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THE CONTENT ON THE SITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY INVESTMENT DECISIONS, ADVICE, LOSS OF PROFITS, COSTS OR ANY OTHER INDIRECT DAMAGES RELATING TO THE SUITABILITY, ADEQUACY, VALIDITY, ACCURACY, TIMELINESS, DELAY, COMPLETENESS OR USE OF ANY INFORMATION ON THE SITE. WE ALSO DO NOT OFFER ADVICE REGARDING THE QUALITY OR SUITABILITY OF ANY INVESTMENT THROUGH THE SITE.
WITH RESPECT TO ANY PERFORMANCE DATA THAT MAY BE PRESENTED ON THE SITE, YOU SHOULD NOTE THAT PAST PERFORMANCE IS NOT NECESSARILY AN INDICATION, AND IS NOT A GUARANTEE, OF FUTURE PERFORMANCE.

NOTIFICATION FOR CERTAIN MATTERS
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content infringes your copyrights, you (or your agent) may send us a notice requesting that such Content be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you with respect to the Content, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to:
Radiance Hill
Samson Capital Advisors LLC
598 Madison Avenue, 7th Floor
New York, NY 10022

Telephone: 212.300.1600
Fax: 212.300.1650
E-mail for notice: hill@samsonca.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

In the event you believe in good faith that any Content is otherwise in error, please contact us at hill@samsonca.com with, if possible, a description of the Content to be checked and the location (URL) where such Content can be found on the Site, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.

X. LIMITATION OF LIABILITY AND INDEMNITY
Under no circumstances, including, but not limited to, negligence, shall We and Our Affiliates be liable for any DAMAGES (whether in contract, tort, including, but not limited to, negligence, or otherwise), INCLUDING, BUT NOT LIMITED TO, special, INDIRECT, PUNITIVE, INCIDENTAL or consequential damages, LOSSES OR EXPENSES, that result from the use or access of, or the inability to use, the Content or 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 We and Our Affiliates ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

You agree that your breach of these Terms of Use may result in irreparable harm to us which cannot be compensated by money damages, and that we shall be entitled to obtain injunctive or other equitable relief for any such breach, without posting any bond or other security, and without prejudice to any other remedies to which we may be entitled.

You agree to defend, indemnify, and hold harmless We and Our Affiliates and our respective attorneys, licensors, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on the information available or through the Site, and any breach by you of these Terms of Use or any user agreement or other improper act or omission.

XI. GOVERNING LAW
These Terms of Use have been made in and will be construed and enforced in accordance with the laws of the State of New Yorkwithout giving effect to the principles of conflicts of laws thereof. Your consent to these Terms of Use includes your consent to exclusive jurisdiction and venue in the courts located in the County of New York, State of New York. Any action to enforce these Terms of Use and/or arising out of or relating to these Terms of Use must be brought in the state or federal courts located in the County of New York. Your consent to the jurisdiction and venue of such courts is irrevocable. You waive all defenses of lack of jurisdiction, venue, or forum non conveniens.

XII. TERMINATION
We reserve the right at any time in our sole discretion to deny you or any User access to the Site or any portion thereof and to terminate these Terms of Use and/or any user agreement(s) you may enter into. Termination of access or these Terms of Use or your user agreement(s) may be effective without notice.

XIII. MISCELLANEOUS
Failure to insist on strict performance of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use, and, if possible, the then invalid or unenforceable provision will be deemed superseded and replaced by a valid, enforceable provision that most clearly matches the intent of the original provision. Any rights not expressly granted herein are reserved. Any conflict between any provision of these Terms of Use and any user agreement shall be governed by such user agreement.
The Terms of Use, and other terms and conditions and similar provisions that may be applicable to you regarding the Site, including any questionnaires you may complete (all of which are hereby incorporated as if set forth fully herein), represent the entire agreement between us and you with respect to use of and Content available on or through the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between us and you with respect to the Site.