Terms of Use

ABOUT EAST 88 CAPITAL

East 88 Capital Management LLC (“East 88 Capital,” “us,” “our,” or “we”) has created these Terms of Use (“Terms”) to govern the use of our website located at https://www.east88capital.com/ (the “Site”). The Site is an informational resource only. We do not offer online transactions, subscriptions, third-party advertising, or partner promotions through the Site. By using the Site, you agree to be bound by these Terms and to use the Site in accordance with them.

ACCEPTANCE OF TERMS OF USE

Binding Terms. Please read these Terms carefully. They explain your rights and obligations related to your use of the Site.

Eligibility. You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction) and have the right, capacity, and authority to be bound by these Terms. The Site is intended for use by individuals located in the United States.

Updates to Terms. We may update these Terms at any time by posting the most current version on the Site with a new “Last Updated” date. All changes are effective as of the “Last Updated” date, and your continued use of the Site after that date signifies your agreement to the changes.

Contacting You. If you choose to submit basic contact information (e.g., your name and email address) so that we may respond to your inquiry, you consent to our communicating with you for that purpose. You are responsible for the accuracy of the contact information you provide.

INTELLECTUAL PROPERTY RIGHTS

Ownership of Content and Marks. The Site, its design, text, graphics, and other content (collectively, “Content”) and all trademarks, logos, service marks, trade names, and trade dress appearing on the Site (collectively, “Marks”) are owned by East 88 Capital or its licensors and are protected by applicable intellectual property laws. Except for the license below, no rights are granted to you.

Our Limited License to You. We grant you a limited, personal, non-commercial, revocable, non-exclusive, non-transferable license to access and display the Content solely to view the Site for informational purposes. You may not copy, reproduce, modify, create derivative works from, publicly perform or display, publish, republish, upload, post, transmit, sell, exploit, or distribute the Site, Content, or Marks without our prior written consent. You may, however, download or print a reasonable number of individual pages for your personal, non-commercial use, provided all proprietary notices are kept intact.

Your Submissions / Feedback. If you voluntarily send us comments, questions, or other content (“Feedback”), you represent that you have the right to do so, and you grant us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use such Feedback for any lawful purpose, with or without attribution. Do not submit confidential or proprietary information through the Site.

USE OF THE SITE

Rules of Conduct. In connection with your use of the Site, you agree that you will (i) use the Site only for lawful, informational purposes; (ii) not introduce malware or other harmful code; (iii) not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or any server or database connected to the Site; (iv) not use automated means (e.g., robots, spiders, scraping) to access the Site except for standard indexing by search engines; and (v) comply with applicable laws and these Terms.

No Accounts; Minimal Intake. The Site does not require user accounts. If you choose to contact us via a form or email, we will receive only basic contact information you provide (e.g., name and email) to respond to your inquiry.

No Third-Party Advertising or Partner Promotions. The Site does not display third-party advertisements or host third-party partner promotions.

GENERAL

No Third-Party Beneficiaries. These Terms are for the benefit of the parties and their successors and permitted assigns and do not confer rights on any other person.

International Users. The Site is controlled and operated from the United States and may not be appropriate or available for use in other locations. If you access the Site from outside the United States, you are responsible for compliance with local laws.

Communications from East 88 Capital. If you provide your contact information, we may respond to your inquiry or send administrative communications. You may opt out of non-administrative emails by following the instructions in those messages.

No Investment Advice; No Offer. The Content is provided for general informational purposes only and does not constitute investment, legal, tax, or other professional advice. Nothing on the Site is an offer to sell or a solicitation of an offer to buy any securities or to participate in any investment strategy or transaction. You should consult your own advisors before making any decisions.

Forward-Looking Statements. The Site may contain statements that are forward-looking and subject to risks and uncertainties. Actual results may differ materially. We undertake no obligation to update forward-looking statements.

LEGAL NOTICES

Third-Party Links. The Site may contain links to third-party websites for your convenience. We do not control and are not responsible for third-party content or practices. You access third-party sites at your own risk.

Disclaimer of Warranties. THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, secure, or error-free or that defects will be corrected.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EAST 88 CAPITAL OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To the extent any liability is not lawfully disclaimed, our aggregate liability shall not exceed one hundred U.S. dollars (US $100).

Indemnification. You agree to defend, indemnify, and hold harmless East 88 Capital and its affiliates, officers, directors, employees, and agents from and against any third-party claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms or your misuse of the Site.

Copyright Complaints. If you believe content on the Site infringes your copyright, please email info@east88capital.com with “Copyright Complaint” in the subject line and include: (1) a description of the copyrighted work; (2) the location of the allegedly infringing material on the Site; and (3) your contact information.

DISPUTE RESOLUTION

Informal Resolution. Before initiating arbitration, you agree to email info@east88capital.com with a brief written description of your dispute and your contact information, and allow sixty (60) days for an attempt at informal resolution.

Arbitration; Class Waiver. If we cannot resolve the dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Site (a “Dispute”) will be finally resolved by binding arbitration before a single arbitrator under the rules of the American Arbitration Association. The arbitration will be confidential, conducted in New York County, New York, in English, and governed by Delaware law and the U.S. Federal Arbitration Act as to arbitrability. You and we waive any right to a jury trial and agree that arbitration will proceed solely on an individual basis; no class, consolidated, or representative proceedings are permitted. The arbitrator may award individual relief only.

Exceptions. Either party may (i) bring qualifying claims in small-claims court; and (ii) seek injunctive or other equitable relief in court to prevent or stop infringement or misuse of intellectual property rights.

Severability. If the class waiver is found unenforceable, then the entire arbitration provision shall be null and void and Disputes shall be resolved in court (subject to the waiver of jury trial above).

MISCELLANEOUS

These Terms (and policies incorporated by reference, including the Privacy Policy) are the entire agreement between you and East 88 Capital regarding the Site and supersede prior or contemporaneous understandings. You may not assign these Terms without our prior written consent; we may assign them in whole or in part. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Headings are for convenience only. Our failure to enforce any provision is not a waiver of that provision or any other provision. The rights and remedies hereunder are cumulative.

CONTACT US

If you have any questions about these Terms or the Site, please contact us at info@east88capital.com.