Last updated January 2018
1.2. This Website is operated by Dasein, a Delaware limited liability company (referred to as ‘Dasein’, ‘we’ or ‘us’ as appropriate). Securities are offered through Tangent Capital Partners, LLC, a member of FINRA and SIPC, 135 E. 57th Street, FL23, New York, NY 10022; 212-804-7101.
1.3. The law firm Withers Bergman LLP is a principal owner of Dasein. Nevertheless, WGA (i) operates as a separate entity from its law firm owner, and (ii) does not provide legal services or otherwise engage in the practice of law. Clients retaining Dasein will not enter into an attorney-client relationship with Withers Bergman LLP and any services provided by Dasein will be provided outside of the attorney-client relationship. Nothing contained on this Website is intended to constitute legal advice, nor should it be construed as Dasein agreeing to provide legal services to you.
2. MATERIAL ON THIS WEBSITE
2.1. Unless otherwise stated, the copyright and other intellectual property rights in all text, images, audio content and other material on this Website including without limitation news items, articles, guidance, reports, photographs, graphics, designs, diagrams, charts, tables, software applications, tools and its layout (in whatever medium) (‘Material’) is owned by Dasein or its licensors.
2.2. You are permitted to download and take copies of Material from this Website on the following basis:
2.2.1. such Material is used for personal or family reference only;
2.2.2. Material is not modified or adapted in any way;
2.2.3. any images and graphics are reproduced together with the accompanying text; and
2.2.4. relevant copyright, trade mark and other legal notices are reproduced on all copies together with necessary attributions or acknowledgements of the source material.
2.3. Other than provided under paragraph 2.2 or to the extent that the expressly permitted by law (which cannot be excluded by contract), no part of this Website may be reproduced, displayed, linked to, published, distributed or used for commercial purposes without Dasein’s prior written permission.
3. USER CONTENT
3.2. You are prohibited from posting or transmitting to or from this Website any User Content:
3.2.1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause harassment, annoyance or inconvenience; or
3.2.2. for which you have not obtained all necessary clearances, licenses and/or approvals to publish; or
3.2.3. which constitutes or encourages conduct that would be considered criminal or giving rise to civil liability, or is otherwise contrary to the law of, or infringes the rights of any third party in, any country; or
3.2.4. which is or could be technically harmful (including, without limitation, any computer viruses, worms or other malicious software or harmful data); or
3.2.5. for promotional purposes (including without limitation, unsolicited marketing or advertising).
3.4. Dasein reserves the right to fully co-operate with any law enforcement agencies, regulatory authorities or court orders requesting or directing Dasein to disclose the identity of anyone acting in breach of paragraph 3.2 or 3.3.
3.5. We do not screen, edit, or monitor User Generated Content prior to its appearance on the Website (although we reserve the right to remove any User Generated Content at our discretion).
4.2. If any part of this Website requires you to register with us and/or use a secure log-in, you must not share your user name, password or log-in details with anyone else.
4.3. When you register, you warrant that the personal information which you are required to provide is true, accurate and complete in all material respects.
4.4. You are responsible for ensuring the security of any password issued to you. If you think or know that someone else has access to or knows your password, then you agree to inform us immediately, so that a new password can be issued to you.
5. DISCLAIMERS AND EXCLUSIONS
5.1. You accept that:
5.1.1. Material appearing on this Website is provided for general guidance only. It does not constitute specific advice and may not meet your particular requirements.
5.1.2. you have full responsibility for how you choose to use any Material and the results obtained from such use.
5.1.3. although we use reasonable efforts to check the suitability of any Material, we cannot accept any liability for any omissions or errors in any Material or Material being out of date.
5.1.4. while Dasein endeavors to make this Website available 24 hours a day, it shall not be liable if this Website and any Material is not accessible or available from time to time due to technical issues and other reasons beyond our control.
5.1.5. access to this Website may be suspended temporarily and without notice in the case of system failure, telecommunications issues, maintenance or for any reason beyond Dasein’s control.
5.1.6. you assume responsibility for establishing your own procedures for data back up and anti-virus or other screening on your computer or mobile device to protect it as necessary against loss, attack or other hazards.
5.1.7. on occasion, we may also update or make other changes to this Website and any Material as we deem appropriate; and
5.1.8. where we provide links to any third party website this solely is for your convenience only. If you use these links, you leave this Website. Dasein has not reviewed all of these third party websites and is not responsible for them. Dasein does not endorse or make any representations about any business, product or service appearing on such third party websites, their contents or availability, any results that may be obtained from using these third party websites, or any of their privacy practices. If you decide to access any third party websites linked to this Website, you do so entirely at your own risk and should check their own terms and conditions.
5.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO PARAGRAPH 5.3 BELOW, DASEIN AND ANY OF ITS OWNERS, AFFILIATES, PARTNERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR AUTHORISED CONTRACTORS DISCLAIM AND EXCLUDE ALL LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE SUFFERED BY YOU (OR ANY THIRD PARTY) IN CONNECTION WITH THIS WEBSITE INCLUDING (WITHOUT LIMITATION):
5.2.1. USE OF MATERIAL OR USER CONTENT (OR INABILITY TO USE MATERIAL OR USER CONTENT) AS WELL AS ANY RESULTS OBTAINED FROM USE OF MATERIAL OR USER CONTENT;
5.2.2. USE OF ANY THIRD PARTY WEBSITES LINKED TO THIS WEBSITE;
5.2.3. LOSS OR DAMAGE TO HARDWARE, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS WEBSITE OR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY THIRD PARTY WEBSITES LINKED TO THIS WEBSITE. IF YOUR USE OF MATERIAL ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR, CORRECTION OR RECOVERY OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL THE CORRESPONDING COSTS;
5.2.4. ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; AND
5.2.5. ANY LOST PROFITS, REVENUE OR ANTICIPATED SAVINGS, CONTRACTS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHER ECONOMIC LOSS (WHETHER DIRECT OR INDIRECT) HOWSOEVER ARISING (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES).
5.3.1. DEATH OR PERSONAL INJURY CAUSED BY ‘NEGLIGENCE’ (AS DEFINED BY APPLICABLE LAW);
5.3.2. FRAUD; OR
5.3.3. ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6. GOVERNING LAW AND JURISDICTION