Legal Disclaimer and Terms of Use

As used herein, the terms “you” and “user” shall mean any visitor to this site (this “Website”).

By accessing this Website, you signify your agreement with, and understanding of, the following terms of use and legal information (“Terms”) pertaining to both this Website and any material on it. This Website is offered to you conditioned on your acceptance without modification of the Terms contained herein. Your use of this Website constitutes your agreement to all such Terms.

Murchinson Ltd. (“Murchinson”) reserves the right to change the opinions and any other content, including the Terms under which this Website is offered, without prior notice at any time. You should review the most current version of this document by visiting this Website and clicking on the Terms of Use hyperlink located at the bottom of the page. This Website and your access to it can be terminated at any time, with or without notice and for any reason.

Restrictions on Use and No Offer

The materials and information on this Website are for information purposes only and should not be used or considered as, and do not constitute, an offer to sell or the solicitation of any offer to buy any securities or financial instruments or to provide any investment service or investment advice in any jurisdiction. Any such offer or solicitation will be made only by means of delivery of a confidential private offering memorandum relating to a particular fund or investment management contract to qualified investors in those jurisdictions where permitted by law.

Murchinson provides no advice or recommendations with respect to the use of this Website, nor do the contents of this Website constitute investment, legal, tax or accounting advice or advice regarding the suitability or profitability of any transaction or investment.

Ownership of Site and Copyright

Murchinson owns and maintains this Website. This Website and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of Murchinson or its licensors (“Materials”) accessible via this Website is and shall remain the exclusive property of Murchinson and its licensors, as the case may be. All rights to this Website remain with Murchinson or its licensors. This Website and its Materials may only be used for your personal education and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use by electronic or any other means any Materials obtained from this site without Murchinson’s prior written consent.

Trademarks

Murchinson and other marks and company names indicated on this Website are service marks of Murchinson. Nothing on this Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any photograph, image, trademark, logo or service mark on this Website. As with the Materials (described above), such trademarks, logos and/or service marks and company names may not be modified, reproduced, distributed, published, displayed, licensed, transferred, sold or otherwise used by electronic or any other means without the prior written consent of Murchinson. All other trademarks, service marks and company names and logos appearing on this Website are the property of their respective owners.

Non-United States Visitors

Given the global nature of the internet, this Website may be accessed by visitors residing outside of the United States. Murchinson makes no representations or warranties that this Website is appropriate or available for use in countries outside of the United States, or that services discussed on this Website are available or appropriate for sale or use in all jurisdictions, or by all counterparties. Visitors who choose to access this Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Murchinson and/or its affiliates to any registration or other requirement within such jurisdiction or country.

Links to Third-Party Sites

Murchinson has not reviewed unaffiliated sites to which this Website is linked, and is not responsible for the content of off-site pages or any other site linked or linking to the site. Your linking to any off-site pages or other sites is at your own risk. Murchinson makes no representations whatsoever about the opinions or accuracy of information expressed by any third party appearing on a linked site, neither regularly monitors nor has control over the contents of such sites, and does not endorse or validate, and disclaims all responsibility for, the content of such statements or websites.

Disclaimer of Warranties

This Website and all Materials are provided “as is,” “as available” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Without limitation, Murchinson does not warrant the accuracy, adequacy, completeness, reliability, timeliness or availability of this Website or any information on this Website, and expressly disclaims liability for errors or omissions on this Website. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with this Website. Any contents on this Website are subject to change without notice. The Materials published on this Website may include inaccuracies or typographical errors. Murchinson does not undertake to update forward-looking statements. Murchinson further assumes no responsibility for, and makes no warranties that, functions contained at this Website will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. In addition, Murchinson makes no representation about the suitability of the Materials for any purpose. You (and not Murchinson) assume the entire cost and risk of using this Website and the Materials. Please note that applicable law may not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.

Limitation of Liability

In no event will Murchinson be liable for any damages, or for repairs or corrections that must be performed, to or on your computer, person or other property, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or use thereof or the inability by any party to use such site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Murchinson, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by applicable law. This limitation of liability applies regardless of any negligence or gross negligence of Murchinson or any of its officers, representatives, associates or agents. You accept all risks in relying on any information contained in this Website.

If you are dissatisfied with any portion of this Website, or with any of these Terms, your sole and exclusive remedy is to discontinue using this Website.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any conflicts of laws provisions that would mandate the applicable of the law of another jurisdiction.

Severability

If a court of competent jurisdiction deems any provision of these Terms unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Additional Terms

Any information you receive from Murchinson is believed to be accurate. Nevertheless, neither Murchinson nor its agents are liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information. The information provided on this Website does not necessarily reflect the most up to date or current information available.

THE INFORMATION AND OPINIONS EXPRESSED HEREIN IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND. ANY PROJECTIONS, OUTLOOKS OR ASSUMPTIONS SHOULD NOT BE CONSTRUED TO BE INDICATIVE OF THE ACTUAL EVENTS WHICH WILL OCCUR. ANY PROJECTIONS, MARKET OUTLOOKS OR ESTIMATES IN THIS DOCUMENT ARE FORWARD LOOKING STATEMENTS AND ARE BASED UPON CERTAIN ASSUMPTIONS. FURTHERMORE, MURCHINSON DOES NOT UNDERTAKE TO UPDATE FORWARD-LOOKING STATEMENTS. OTHER EVENTS WHICH WERE NOT TAKEN INTO ACCOUNT MAY OCCUR AND MAY SIGNIFICANTLY AFFECT SUCH OUTLOOKS OR ESTIMATES.

Privacy Policy

This privacy policy (“Privacy Policy”) describes the ways that Murchinson, Ltd. (together with its affiliates, “Murchinson” “we,” “our,” or “us”) collects, uses, and discloses information you provide to it, whether directly or indirectly, including without limitation (i) by using our website at www.murchinsonlp.com (the “Website”), (ii) in connection with your investing in, or considering an investment in, a fund managed by Murchinson, and (iii) in connection with participating in Murchinson’s recruiting efforts. By providing Murchinson with your information, you agree to the collection and processing of your information as set forth in this Privacy Policy. Your provision of information to Murchinson is at all times subject to this Privacy Policy.

Information We Collect

We and our service providers collect information that you provide us, including without limitation, via email, via telephone, in person, or when you log in to and use our Website, including without limitation, your name and email address, and any information you provide when you contact us.

We and our service providers also automatically collect certain technical information from the device(s) you use to access our Website over time and across different devices such as your IP address, your ISP provider, your browser type, the pages you view on the Website, the pages you view immediately before and after you access the Website, date/time stamps, and the search terms you enter on the Website. We and third parties, including our service providers, collect this information using “cookies”, web beacons, and similar technologies.

How We Use Information

We use the information we collect for the following purposes:

  • Identification and Authentication: We use your information to verify your identity when you communicate with us and to secure your personal information. It is in our legitimate business interests to authenticate the identity of our Website users and candidates we consider for employment.

  • Recruitment: We use the personal information you provide, such as educational history, employment history, and work references, for the purpose of employment consideration. It is in our legitimate business interests to use the information provided to us for this purpose, so we can select appropriate candidates for employment.

  • Improving our Website: We analyze information about how you interact with our Website to provide an improved experience for all of our Website users. It is in our legitimate business interests to use the information provided to us for this purpose, so we can understand any issues with our Website and improve them.

  • Communicating with You: We may use your personal information when we communicate with you—for example if you contact us with questions. It is in our legitimate interests that we are able to provide you with appropriate responses.

  • Exercising our Rights: We may use your personal information to exercise our legal rights where it is necessary to do so, for example to detect, prevent, and respond to fraud claims, intellectual property infringement claims, or violations of law or misuse of our information or our Website.

  • Complying with our Obligations: We may process your personal information to, for example, carry out fraud prevention checks or comply with other legal or regulatory requirements, where this is required by law.

How We Disclose Information

We share the information that we collect or receive to provide the services that you have requested, to perform any contracts we may have with you, when we have your consent, or as otherwise described in this Privacy Policy.

We share your information with Murchinson service providers delegates, professional advisors, regulatory bodies, auditors, technology providers and any duly authorized agents or related, associated or affiliated companies of the foregoing for the same or related purposes and in in connection with our business operations.

We may share information in association with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company, or we sell, liquidate, or transfer all or a portion of our assets.

We may disclose your information to third parties as required by law or regulation and when we have a good faith belief that it is necessary or advisable in order to protect the legal rights, safety, and security of Murchinson, our affiliates, our business partners, users of the Website and others; to prevent fraud or for risk management purposes; and to comply with or respond to law enforcement or legal process or a request for cooperation by a government, self-regulatory agency, or other entity.

We may share information that is not reasonably identified with you for any purpose.

International Transfer of Personal Information

Murchinson, Ltd. is based in Canada. Our Website is hosted in the United States and Canada. Certain services providers we share your information with are located in the United States and Canada and potentially other countries. In each case, these countries may not be regarded as providing the same level of protection for your information as your home country. We have put in place certain safeguards (such as contractual commitments) in accordance with applicable legal requirements to provide adequate protections for your personal information. For more information on the appropriate safeguards in place and to obtain a copy of such safeguards, please contact us at the contact information set forth below.

Safeguarding Your Information

We implement administrative, technical, and physical safeguards designed to safeguard the information collected by us.

Data Retention

We retain information that can reasonably identify you for as long as your relationship with Murchinson is active or as appropriate for our reasonable business purposes, including, for example, to comply with our legal or regulatory obligations or our document retention policy, resolve disputes, enforce our agreements, and investigate or defend against potential legal claims.

Your Rights Over Your Personal Information

You may have certain rights, depending on where you reside, regarding the personal information we hold about you, subject to applicable local law. These may include the rights to access, correct, delete, restrict or object to our use of, or receive a portable copy in a usable electronic format of your personal information.

We encourage you to contact us at the contact information set forth below to update or correct your information if it changes or if the personal information we hold about you is inaccurate. Depending on where you reside, where you have provided your consent to any use of your personal information, you can withdraw this consent at any time.

Please note that we may require additional information from you in order to honor your requests.

If you would like to discuss or exercise any rights you may have under applicable local law, please contact us at the contact information set forth below.

Changes to this Policy

We may modify or update this Privacy Policy from time to time.