Sandbox Industries Terms of Use
Effective Date: November 1, 2021
Thank you for visiting www.sandboxindustries.com and www.sbxadvisors.com (the “Sites”), owned and operated by 213 Management, LLC (d/b/a “Sandbox Industries”) (“Sandbox,” “we,” or “us”). By using or accessing the Sites in any manner, you hereby agree to these Terms of Use (the “Terms”), which incorporates the Privacy Policy.
1. Use of the Site.
In order to use our Sites, you must have access to the Internet, pay any service fees associated with such access and provide all equipment required to make such connection to the Internet. Use of and access to certain areas and functions of the Sites may be subject to additional restrictions. The Sites are not intended for children and we do not knowingly collect, store or solicit personally identifiable information from Site users who are under 13 years of age.
You shall abide by all applicable local, state, national and international laws and when using the Sites. You represent, warrant, and agree that you shall not use the Sites or interact with the Sites in a manner that:
attempts, in any manner, to access data not intended for users of the Sites or attempts to gain unauthorized access to an account, server or any other computer system;
violates the security of any computer network, or cracks any passwords or security encryption code;
decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information in Sandbox’s systems or network;
attempts to interfere with the function of the Sites, host or network; or
“crawls,” “scrapes,” or “spiders” any page, data, or portion of the Sites (through use of manual or automated means).
2. Intellectual Property Rights.
Subject certain limitations as described in these Terms, you are granted the right to access the Sites, including all of its contents, such as, for example, the text, graphics, photos, articles, images, illustrations, audio and code embodied within Site pages) (“Content”). Content is the property of Sandbox (or that of our suppliers or licensors) and is protected under trademark, copyright, and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Sites, and you may not download, print, use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, prepare derivative works from, commercialize or otherwise exploit for any purpose any Content from the Sites, in whole or in part, for any public or commercial purpose without prior written consent from Sandbox.
Subject to these Terms, Sandbox grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable license to access the Sites, and to use (i.e., to download and display locally) the Content, solely for purposes of using the Sites. Sandbox (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.
Sandbox is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Sites (the “Marks”).Nothing on the Sites should be construed to grant any license or right to use any Sandbox Mark. You may not use or exploit any Marks without prior written consent from Sandbox.
3. Information that You Provide to Us.
If you choose to contact any Sandbox personnel using the contact information you find on the Sites, you understand that you are consenting to Sandbox’s collection and use of any information and/or materials you provide to such personnel. Sandbox undertakes no obligation to review information submitted by you, or to return such information to you.
4. External Links.
The Sites may contain links to third party websites (“Third Party Sites”). Third Party Sites may have their own privacy policies and terms and conditions that are not governed by these Terms. Sandbox is not responsible for the privacy practices or the content of any website(s) owned and operated by any Third Party Sites. Any links from this website to other websites do not imply Sandbox’s endorsement of, or association with, any such Third Party Site. Sandbox is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites. You should carefully read and review the terms and privacy notices of such Third Party Sites to learn about their information collection, use and disclosure practices.
5. Warranty Disclaimer.
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND FUNCTIONALITY THEREOF, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SANDBOX, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “SANDBOX PARTIES”), BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE CONTENT, EVEN IF ANY SANDBOX PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CERTAIN OTHER DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY SANDBOX PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITES, EXCEED, IN THE AGGREGATE, $100.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
7. General.
These Terms are governed by the laws of the State of Illinois, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of Cooks County, Illinois. If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. The failure of either you or Sandbox to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. You may not assign, delegate, or transfer these Terms or any of your rights or obligations hereunder without Sandbox’s express written consent. Sandbox may transfer, assign, or delegate these Terms and Sandbox’s rights and obligations without consent. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Sandbox, and you do not have any authority of any kind to bind Company in any respect whatsoever. These Terms inure to the benefit of Sandbox’s successors, assigns and licensees. These Terms are the entire agreement between you and Sandbox with respect to the subject matter herein.
Notice for California Residents. Under California Civil Code Section 1789.3, California consumers are entitled to the following notice with respect to filing complaints with California’s consumer protection bureau: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
8. Changes or Modifications.
Sandbox reserves the right to change the Sites and/or these Terms at any time at our sole discretion without notice or liability to you. If Sandbox makes material changes to these Terms, we will place a notice on our Sites and/or provide notice by some other means. If you use the Sites in any way after a change to the Terms is effective, that means you agree to all of the changes.