1. Accounts, Account Security and Communication Preferences
You may need to register for an account (“Account”) to access some or all of our services. It is your responsibility to select a robust password and to prevent disclosure of your login and password, and to change your password if you feel that its security has been compromised. You may change your password at any time. We are not responsible for any damages that result from your failure to keep your password secure. You must maintain the security of your Account, not share your Account credentials, and promptly notify us if you discover or suspect that someone has accessed your Account without your permission. If you permit others to use your Account credentials, you are responsible for the activities of such users that occur in connection with your Account.
As part of activating your Account, you are required to provide us with a valid email address and to update your email address if it changes. By creating an Account, you also consent to receive electronic communications from Canyon (e.g., via email, text message, or by posting notices to the Sites). These communications may include operational notices about your Account, and are part of your relationship with us. You agree that any communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. When permitted by applicable law, we may also send you promotional communications via email, including newsletters, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided.
3. Limited License to Use the Sites
The Sites are owned by Canyon. The Sites and the Content are protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Canyon, its affiliates and/or third parties.
Canyon grants you a limited right to use the Sites and Content only for your own private, non-commercial informational purposes only, and to print pages from the Sites only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, including any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Sites. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Sites or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Sites.
All Content on the Sites is meant to be reviewed in its entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
The “Canyon Partners” name and logo and all other Canyon names, marks, logos, and other identifiers are trademarks and service marks of Canyon. You may not use or display any Canyon trademarks, trade names, or logos without our prior written permission. We reserve all rights.
If you choose to provide us with any comments, suggestions, ideas, or other feedback, you agree that we have an unrestricted right to use them, and you are not entitled to receive any compensation.
4. Prohibited Uses
5. No Offer of Securities
6. No Reliance
All Content provided on the Sites is for informational purposes only. Any estimates, projections or predictions on these Sites are intended to be forward-looking statements. Although Canyon believes that the expectations in such forward-looking statements are reasonable, it can give no assurance that any forward-looking statements will prove to be correct. Such estimates are subject to actual known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. Canyon expressly disclaims any obligation or undertaking to update or revise any forward-looking statement contained herein to reflect any change in its expectations or any change in circumstances upon which such statement is based.
No statements contained on the Sites should be construed as a guarantee or assurance of future performance or future results. Canyon’s past performance is not indicative of future results.
There are various risks you assume when reviewing the Content on the Sites.
Dated Content speaks only as of the date indicated. We may modify the Content on the Sites at any time and without notice to you.
We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Sites even if we are aware that it is inaccurate, outdated or otherwise inappropriate. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party.
You agree that we are not liable for any action you take or decision you make in reliance on any content on the Sites.
The Content on the Sites is not intended to be, and you should not consider anything on the Sites to be, investment, accounting, tax or legal advice. You are encouraged to discuss information that you learn from the Sites with your financial, legal or tax advisors and others with whom you share investment decisions.
7. Your Representations and Warranties
You represent and warrant that you will not delete any Content from the Sites.
8. Third Party Links
9. No Warranty
CANYON DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITES THAT THE LAW ALLOWS IT TO DISCLAIM. THE SITES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.”
WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITES OR ANY PART OF THE CONTENT. CANYON’S LIABILITY WITH RESPECT TO THE SITES IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Limitation of Liability
IN NO EVENT SHALL CANYON, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, MANAGERS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES OR WITH ANY DELAY OR TECHNICAL PROBLEMS IN USING THE SITES, OR ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF CANYON, ITS AFFILIATES, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, MANAGERS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES AND OTHER JURISDICTIONS LIMIT THE APPLICABILITY OF DISCLAIMERS OR LIMITATIONS OF LIABILITY, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY ONLY TO THE MAXIMUM EXTENT LEGALLY ENFORCEABLE IN THE APPLICABLE JURISDICTION.
11. Breach and Indemnification
12. Updates to the Sites and Modifications to the User Agreement
13. Managing Disputes
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.
WAIVER OF RIGHT TO PURSUE CLASS ACTION CLAIMS
YOU AND CANYON AGREE THAT EACH MAY BRING CLAIMS OR OTHERWISE RESOLVE DISPUTES AGAINST THE OTHER PARTY ONLY ON AN INDIVIDUAL BASIS, AND WAIVE ANY RIGHT TO PURSUE ANY CLAIMS AS A PLAINTIFF OF CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. FURTHER, YOU AND CANYON AGREE THAT A DISPUTE WILL NOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION ON BEHALF OF YOU OR ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
GOVERNING LAW; VENUE
LIMITATION ON TIME TO BRING AN ACTION
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES BROUGHT BY YOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM OR CAUSE OF ACTION WILL BE FOREVER BARRED.
Any notice to Canyon shall be to the Legal Department, at firstname.lastname@example.org.
15. Contact Us