Terms of Use
Welcome to The Icahn Report website (the “Site”), owned by Icahn Blog LLC (“Icahn” “we”, “us” or “our”). By using this Site, including the blog, you agree to be bound by the terms and conditions of use (“Terms of Use” or “Agreement”) set forth below. If you do not wish to be bound by these Terms of Use, do not use this Site. We may, in our sole discretion, terminate your access to the Site at any time and without notice, including, without limitation, due to any violation by you of these Terms of Use.
Icahn disclaims the accuracy and validity of any information or opinions posted on this Site's blog. The information and opinions provided by Icahn herein are provided by Mr. Icahn and not any of his other affiliated entities, including, without limitation, Icahn Enterprises L.P. The statements provided are not financial advice, nor are they recommendations or solicitations to buy, sell or trade any security, nor are they solicitations of any proxy or vote. The information on this Site does not constitute a research report. Icahn provides the information on this Site free of charge for all persons that may legally view this Site regardless of whether such persons have a relationship with Icahn or its affiliates. Icahn makes no commitment to update any information contained on this Site and any information may be removed at any time. The information provided on this Site's blog is for general information purposes only and should not be considered financial or investment advice. Trading and investing in securities involves substantial risks and you should consult with a qualified financial professional before making any investment decision. We and our affiliates may at any time make individual investment decisions that are inconsistent with the information provided on this Site. We and our affiliates may at any time hold positions in securities of companies mentioned on this Site.
Certain Activities of Icahn Affiliates
Certain affiliates of Icahn are engaged in the investment management business, and provide investment advisory and certain administrative and back office services to private funds but do not provide such services to any other entities, individuals or accounts, and interests in those private funds are offered only to certain sophisticated and accredited investors on the basis of exemptions from the registration requirements of the federal securities laws and are not publicly available.
Forward-Looking Statements
Certain information or opinions posted on this Site constitute forward-looking statements. Forward-looking statements are typically identified by words such as intend, plan, will and similar statements about the future. Such statements involve risks and uncertainties that could cause actual future events to differ from those set forth in such forward-looking statements.
Modifications to these Terms of Use
Icahn may modify these Terms of Use with or without notice to you, and such modified agreement shall be effective immediately upon posting. Your continued access to or use of this Site and/or any services offered through it shall be your conclusive acceptance of these Terms of Use, including any modifications.
Limited Right of Use/Ownership of Contents
The contents of the Site are intended for the personal, noncommercial use of its users. All materials published on the Site (the “Contents”) are protected by U.S. and international copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by us or a party credited as the provider of such Contents.
Icahn grants you a limited right to access and use this Site. Absent our prior express written consent, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content or software forming part of the Site in whole or in part. Also, you shall not use any robot, spider, any automated device, or other manual process to copy, monitor, index or data mine our Site or the Contents.
Limited Right to Post Content on the Site’s Blog
Icahn is not responsible for the content of any communication submitted or posted to the Site’s blog, nor do we guarantee the truthfulness, accuracy or validity of any posted communication. Any action you take or do not take based upon information posted to the Site’s blog, including, but not limited, to investment, trading or other decisions, is done at your own risk.
The Site’s blog is intended to facilitate open communication and discourse. However, you shall not submit any communication or content that is defamatory, harassing, threatening, obscene, pornographic, invasive of privacy, illegal or otherwise encourages illegal activity, would violate the rights of others or give rise to liability. We reserve the right (but assume no obligation) to monitor any submissions or postings and delete, move or edit any content that we consider inappropriate or unacceptable for any reason. We reserve the right to republish any material contributed by Site visitors. By posting a message in any public area of the Site or submitting any correspondence to us, you expressly grant us a global nonexclusive license to publish, reproduce, sell, disclose, distribute or use such material for any purpose whatsoever. You hereby further grant us the global nonexclusive right to use any ideas, concepts or techniques embodied in such materials for any purpose whatsoever. In addition, you hereby waive any and all moral rights you may have in any such materials. Further, you hereby authorize us to edit and otherwise modify any such material prior to our use, publication, distribution, sale, reproduction or disclosure thereof. You also agree that all such material will be deemed to be provided to us on a non-confidential and non-proprietary basis. Material that is copyright protected may not be submitted without permission from the copyright owner, and you are solely responsible for the failure to obtain any such permission. As further explained in our privacy policy, we will also comply with any legal requests to disclose any submissions, communications or postings to others, including to law enforcement agencies.
Privacy Policy
Personal information you provide to us is subject to our Privacy Policy, as updated from time to time, which is available at www.icahnreport.com/privacy.html.
Modifications to the Site
We reserve the right from time to time to make changes to the Site, including. but not limited to, discontinuing, temporarily or permanently, any service offered by us or through the Site, with or without notice. You agree that we shall not be liable to you or to any other party for any changes to the Site.
Third Party Sites and Linking
As a convenience to you, this Site may contain links to third party websites (“linked sites”). Moreover, communications posted to the Site’s blog may frequently contain links to other linked sites.
By accessing this Site, you acknowledge that linked sites are not under Icahn’s control, and Icahn is not responsible for and does not endorse the content of, or any link embedded in, any linked site, whether or not Icahn is affiliated with the linked site’s sponsor(s). You enter linked sites at your own risk. Indemnification
By accessing and/or using the Site, you agree to indemnify, defend and hold Icahn and its respective officers, directors, employees, members, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of, or breach by you of, these Terms of Use or from your unauthorized use of this website. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
Disclaimer of Warranties and Liability
This Site is provided for informational purposes. You alone are responsible for confirming the accuracy of any information posted to our website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ICAHN, ITS AFFILIATES, OWNERS, PRINCIPALS AND MR. ICAHN MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS OR OTHER INFORMATION PUBLISHED ON THIS SITE. THIS WEBSITE, ALL SUCH DOCUMENTS AND ANY RELATED GRAPHICS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
ICAHN HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO INFORMATION AVAILABLE ON THIS WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SPEED OR DELIVERY OF THE WEBSITE OR ITS CONTENTS. BY PROCEEDING TO ACCESS THIS SITE, YOU HEREBY ASSUME THE ENTIRE RISK OF RELYING UPON THE INFORMATION PROVIDED HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ICAHN, ITS AFFILIATES, OWNERS, PRINCIPALS OR MR. ICAHN BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE OR LOSS OF THE DATA CONTAINED WITHIN THIS SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, ICAHN’S LIABILITY, AND THAT OF ITS AFFILIATES, OWNERS, PRINCIPALS, MR. ICAHN, ANY AGENTS OR LICENSORS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS, AND YOU AGREE THAT ICAHN, ITS AFFILIATES, OWNERS, PRINCIPALS, MR. ICAHN, ANY AGENTS OR LICENSORS’S MAXIMUM LIABILITY FOR THE USE OF THIS SITE SHALL NOT EXCEED $100 IN THE AGGREGATE.
Miscellaneous
These terms and conditions constitute the entire agreement between you and Icahn and govern your use of the Site and any services offered on the Site. This agreement supersedes any prior terms of use or other agreements between you and Icahn concerning use of this Site.
This Agreement has been made in and shall be construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. By accessing or using this Site, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the City and County of New York for resolution of any disputes arising out of or relating to this Agreement or your use of this Site. You agree that, except as expressly provided herein (and other than Icahn and its affiliates), there shall be no third party beneficiaries of these Terms of Use.
The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.
If any portion of this Agreement is held to be unenforceable, the unenforceable portion will be construed in accordance with the relevant law to as nearly as possible reflect the original intentions of the parties and the remainder of the agreement will be enforced as written.
The Icahn Report Website DMCA Policy
Procedure for Submitting a Copyright Infringement Claim
Icahn Blog LLC (“Icahn”) is registered under the Digital Millennium Copyright Act of 1998 (“DMCA”) (See 17 U.S.C. §512). Under the DMCA, copyright owners have the right to notify Icahn if they believe that a poster to the Icahn blog has infringed the copyright owner’s work(s). If you believe that an Icahn blog poster has copied your work in a way that constitutes copyright infringement, you may file a Notification of Claimed Infringement with our designated DMCA agent. The DMCA provides the following procedure for parties to follow who wish to file a Notification of Claimed Infringement with Icahn.
To serve a Notification of Claimed Infringement on Icahn or any affiliated entities, send your Notification to:
Designated Agent:
DMCA agent
Address to which Notification should be sent:
Attn: DMCA Agent c/o Research Director
Icahn Blog LLC
767 Fifth Avenue, Suite 4700
New York, New York 10153
Facsimile Number:
212-750-5841
Telephone number:
212-702-4300
Email address:
DMCA@icahnreport.com
To be effective under the DMCA, the Notification of Claimed Infringement must be a written communication provided to Icahn’s designated agent and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the infringing IP address, time, date and the time zone to permit Icahn to locate the material.
- Information reasonably sufficient to permit Icahn to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in 1 through 6 above, Icahn will notify the customer of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on an Icahn domain. No personal, customer information is shared with the copyright owner unless required by law.
If Icahn receives more than one Notice of Copyright Infringement on the customer’s part, the customer may be deemed a ‘repeat copyright infringer.’ Icahn reserves the right to terminate the accounts of ‘repeat copyright infringers.’
Procedure to File a DMCA Counter-Claim
If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with Icahn’s designated agent.
To be effective, a Counter-Claim must be a written communication provided to Icahn’s designated agent and must include the following information:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a DMCA Counter-Claim, Icahn will provide the complaining party with a copy of the DMCA Counter-Claim. When Icahn receives a Counter-Claim that meets the requirements of the DMCA, Icahn will process the Counter-Claim in accordance with the requirements of the DMCA.
