Orbit Fund Scoring
Fund Scoring Information
All scores, market benchmarking considerations, analyses and statements included the Fund Scoring Information are statements of legal opinion as of the date they are expressed and not statements of any facts. These legal opinions and analysis are based on criteria and methodologies that have been developed by us and are solely based on the market perception of our fund advisors and Orbit is continuously evaluating and updating this perception in accordance with ongoing market movements and trends. The Fund Scoring Information therefore is to be understood as a general indication of term levels and to reflect our individual judgement based on our professional experience and perceived market standards and term range only, which further may be subject to bias and selective or limited scope or visibility of the relevant market. None of the allocated scores is the result of benchmarking against any available or (publicly or privately) recognized scoring system or standard and remains subject to subsequent changes. We expressly reserve the right to change scores, scoring standards, market benchmark considerations and any other method or information that is used or displayed in the context of the allocation of scores. The selected and reviewed key terms are considered by us to be notable from an investor’s perspective but do not purport to be exhaustive or subject to objectifiable standards.
The Fund Scoring Information is solely based on the contents of the documents that have been provided by the Investor to Orbit in connection with its contemplated investment. Orbit cannot exclude that the documents you provided may contain items or terms you may consider relevant or detrimental, but which are not included in the Fund Scoring Information. Orbit does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives. Orbit does not guarantee the timeliness or availability of the Fund Scoring Information. Orbit does not undertake to save or retain Fund Scoring Information beyond the date of termination of the attorney-client relationship with the Investor. Your access to Fund Scoring Information terminates at the same time your attorney-client relationship with Orbit terminates.
No Investment Advice or Business Advice
Orbit's opinions and analyses are not recommendations to make, purchase, hold, or sell any investment of any nature or to make any investment decisions, and do not address the suitability of any investment for the Investor. Fund Scoring Information should not be a decisive factor for making or abstaining from any investment or divestment decision and only be considered as part of your own evaluation of any such business decisions. Orbit does not act as an investment advisor, business advisor or any similar (regulated or non-regulated) capacity and solely acts as legal counsel and only in respect of German law. The Fund Scoring Information does not contain any statements regarding content, applicability, effectiveness, enforceability or other aspects in respect of the laws of any jurisdiction other than Germany.
Restrictions on Use; Confidentiality
All Fund Scoring Information is exclusively addressed to the relevant client by whom we are currently mandated to conduct the fund scoring due diligence and whom we grant access to the Fund Scoring Information. No Fund Scoring Information may be shared, forwarded, copied or otherwise reproduced, transmitted, transferred, disseminated, redistributed, resold or stored by you, in whole or in part, in any form or manner or by any means whatsoever, without Orbit's prior written consent. All Fund Scoring Information is confidential and subject to limitations on disclosure and use.
Violation of these terms and conditions entitles Orbit to immediately terminate the attorney-client relationship and block any access to Fund Scoring Information without further notice or justification. By agreeing to these Terms, you also agree to a corresponding unilateral termination of the attorney-client relationship with Orbit as well as to unilateral access restrictions by Orbit.
Password Protected Areas
Fund Scoring Information is made available through a password protected area. Each password is intended to be confidential and used only by the individual to whom it is issued. Do not disclose your password to any unauthorized person. If you access Fund Scoring Information, please note that the terms of our engagement letter govern each parties’ respective rights and obligations with regard to Fund Scoring Information.
Limitation of Liability; Disclaimer
Orbit does not assume any liability or responsibility for any (i) damage, of any nature whatsoever, resulting from your online access to the Fund Scoring Information and online use of our services, (ii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from our services, and/or (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party. Orbit disclaims all liability and express or implied warranties regarding software errors or defects, that the Fund Scoring Information will be accessible uninterrupted or that our platform will operate with any software or hardware configuration of yours. Orbit is not liable to any party for any direct, indirect, punitive or consequential damages, costs, expenses or losses (including lost profits and opportunity costs or losses caused by negligence) in connection with any use of the Fund Scoring Information. The terms of the engagement letter between Orbit and Investor apply.
Orbit’s rights under these Terms may be waived by Orbit only in writing. These Terms are binding on you as well as your successors and permitted assigns. These Terms shall be governed by German substantive law. The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be at the registered office of Orbit.