By accessing or using this Point72, L.P. and its affiliates (together, “Point72”) web site (the “Site”), you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and Point72, and governs your access to and use of the Site, which includes any text, graphics, user interfaces, visual interfaces, information, data, tools, products, services and other content (together, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Site. Point72 reserves the right to change the terms and conditions under which this Site is offered without notice at any time. Content does not include any information you submit through the Site, except for User IDs and Passwords that may be provided by Point72. You may contact Point72 by e-mail at firstname.lastname@example.org with questions about the terms and conditions of this User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, YOU MAY NOT USE THE SITE.
1. Point72 grants you a limited right to use the Site.
2. The Site is owned by Point72 and/or third parties.
3. You make certain representations and warranties regarding your use of the Site.
4. All Content is for informational purposes only.
5. Point72 is not liable for any technological problems or any resulting impact.
6. Point72 is not responsible for information on any third-party web site referenced in, accessible through or connected by hyperlink to or from the Site.
8. POINT72 DISCLAIMS ALL WARRANTIES
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” POINT72 DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS. WITHOUT LIMITING THESE GENERAL DISCLAIMERS, POINT72 DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
9. LIMITED LIABILITY
IN NO EVENT WILL POINT72 OR ANY OF ITS AFFILIATES, SUBSIDIARIES, CONTENT PROVIDERS, PREDECESSORS, SUCCESSORS OR ASSIGNEES OR THEIR RESPECTIVE CONTROL PERSONS, AGENTS OR EMPLOYEES (THE “POINT72 PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, ARISING OUT OF THIS USER AGREEMENT, THE SITE OR ANY INABILITY TO ACCESS OR USE THE SITE. THE LIABILITY OF THE POINT72 PARTIES IS LIMITED, EVEN IF ONE OR MORE OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. 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.
10. You are bound by certain other general conditions.
Point72 undertakes financial services in Australia through a branch office of Point72 Hong Kong Limited (ARBN 627 013 585). Point72 Hong Kong Limited is a body corporate limited by its shares incorporated in Hong Kong. Point72 Hong Kong Limited is exempt from the requirement to hold an Australian financial services licence under the Corporations Act in respect of the financial services it provides. Point72 Hong Kong Limited is regulated by the Securities and Futures Commission of Hong Kong under Hong Kong laws, which differ from Australian laws.
Dated: November 2018