LAST UPDATED: October 15, 2024
By accessing and/or using this web site and any materials presented herein (the “Site”), you accept in their entirety the following terms and conditions of use of the Site (the “Terms of Use”). Citadel Enterprise Americas LLC and its affiliates (collectively “Citadel”) reserve the right to change the terms, conditions and notices under which this Site is offered without notice at any time. Each access or use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.
1. Limited License to Use the Site Except as specifically permitted below, nothing contained in these Terms of Use or the Site either grants or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo, or service mark contained in the Site, including without limitation the name or logo of Citadel Enterprise Americas LLC or any of its affiliates. Citadel reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material in the Site. Citadel grants you a limited, nonexclusive license to display and otherwise access and/or use the Site solely for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that access and/or use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, sell, post, or frame this Site, including any text, graphics, video, audio, logos and other source-identifying symbols, designs, icons, images, or other information, software, code, or user interface design contained on or in the Site without Citadel’s express written permission. You are prohibited from using the Site:
2. No Offer of Employment The Site does not constitute an offer or promise of employment with Citadel with respect to any employment position described on the Site. Without notice, Citadel may eliminate, modify, or change any aspects of any employment described on the Site. The Site does not provide binding offers of employment or any terms or conditions of employment. Any offer of employment that may ensue as a result of your submission of information to Citadel shall be solely in accordance with the specific terms of such offer of employment, not the terms of the Site.
3. No Offer of Securities Under no circumstances should any material on the Site be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any investment fund sponsored or managed by Citadel Enterprise Americas LLC’s affiliates. Any such offer or solicitation can and will be made only by means of the confidential information memorandum of each such investment fund, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of each such investment fund, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended. Access to information about the investment funds is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements.
4. Links to Third Party Web Sites Citadel has not necessarily reviewed any of the web sites that may be linked to the Site and is not responsible for their content. Citadel is not responsible for the privacy practices of such other web sites. Your linking to or use of any off-site pages or other web sites is at your own risk. Citadel’s inclusion of links to other web sites does not imply any endorsement of the material located on or linked to by such web sites.
5. No Warranty CITADEL, AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY, OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ANY CONTENT OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. CITADEL HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY.
6. Limitation of Liability TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CITADEL AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE ACCESS AND/OR USE OF THE SITE IN ANY CASE, WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF CITADEL OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
7. Citadel DMCA Copyright Policy In conjunction with the provision and use of this Site, Citadel has adopted the following policy toward copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512 (“DMCA”). It is Citadel’s policy to (i) block access to or remove material from the Site that it believes in good faith to be protected by copyright and that has been illegally copied and distributed by users or downloaded through Citadel’s networks and (ii) terminate access to the Site for offenders. A. Procedure for Reporting Copyright Infringements: If you believe that material or content residing on or accessible through the Site infringes your copyright, you may request removal of (or access to) those materials from the Site by sending a written notice of copyright infringement (the “DMCA Notice”) containing the following information to Citadel’s copyright agent listed below:
Citadel’s copyright agent to receive DMCA Notices (the “DMCA Agent”) is:
DMCA Agent Citadel Enterprise Americas LLC Attn: Legal Department Southeast Financial Center 200 S. Biscayne Blvd Suite 3300 Miami, FL 33131 Phone: 305-929-6851 Email: [email protected]
Upon receipt of a written DMCA Notice containing the above information, Citadel will remove or disable access to the allegedly infringing materials and will promptly notify the individual who posted the materials that the content has been removed or access disabled. If any of the information set forth above is missing from your DMCA Notice, Citadel may not be able to respond to your request. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including attorneys’ fees and costs) under Section 512(f) of the DMCA.
B. Procedure for Supplying a Counter-Notice to the Designated Agent: If you believe that the material that was removed or to which access was disabled is either not infringing or that you have the right to post and use such material, you may send a counter-notice containing the following information to the Designated Agent listed above:
The DMCA allows Citadel to send a copy of the counter-notice to the original complaining party and to replace the removed material or cease disabling access to the material if the original complaining party does not provide Citadel with notice that it has filed an action seeking a court order restraining the infringing activity within 10 business days of receipt of the counter-notification. If Citadel replaces or restores access to the material, it will do so in 10 to 14 business days after receipt of the counter-notice.
8. Privacy Policy We value your privacy. Our Privacy Policy is expressly incorporated into these Terms of Service by this reference.
9. General These Terms of Use are governed by the laws of the State of Florida, without reference to their conflicts of laws provisions. Under these Terms of Use, and to the extent permitted by applicable law, you agree that all disputes arising out of or relating to the use of the Site (each, a “Dispute”) will be governed by the procedure outlined below.
Informal Resolution Process: Before either you or Citadel may file a claim against the other party, both you and Citadel agree to try to participate in good faith informal efforts to resolve disputes before commencing arbitration (“Informal Dispute Resolution”). You and Citadel agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (an “Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate. To initiate the Informal Dispute Resolution process, a party must give notice in writing to the other party (“Notice”). The Notice must include: (1) your name, telephone number, mailing address, and email address associated with your account (if you have one); (2) the name, telephone number, mailing address and email address of your counsel, if any; and (3) a description of your Dispute. We will send Notice and a description of the Dispute to your mailing address or email address on file.
The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. The statute of limitations shall be tolled while the parties engage in Informal Dispute Resolution.
Binding Arbitration: If the Dispute has not been resolved after the 45-day Informal Dispute Resolution process, we each agree to resolve any Dispute, including the determination of the scope or applicability of this agreement to arbitrate, or the alleged breach thereof, by binding arbitration in the State of Florida before an arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, and in accordance with the Expedited Procedures in those Rules. Those rules are available at https://www.jamsadr.com/. Judgment on the award may be entered in any court having jurisdiction.
Enforceability: If the above arbitration provisions are found unenforceable, or inapplicable to a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Miami Dade County, Florida, U.S.A. You hereby accept the exclusive jurisdiction of such court for this purpose. Except with regard to requests pertaining to personal information (which address is provided in the Privacy Policy) and requests to Citadel’s Designated Agent under the DMCA (as set out above), any notice to Citadel, including any request to initiate the Informal Dispute Resolution process, shall be given in writing and sent by registered mail to Citadel Enterprise Americas LLC, Southeast Financial Center, 200 S. Biscayne Blvd Suite 3300, Miami, FL 33131, Attention: Legal Department, with a copy to [email protected].
If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
“Citadel” and related marks, images and symbols are the exclusive properties of an affiliate of Citadel Enterprise Americas LLC. “Citadel,” “Citadel Securities,” and the Castle logo are trademarks of an affiliate of Citadel Enterprise Americas LLC and are registered or are pending registration in the United States and several other jurisdictions.
10. Contact Us If you have any questions regarding these Terms of Use, our Privacy Policy, or our privacy practices, please contact us at [email protected].
