By using this site, you agree to the following terms:
Site for Information Only
The information contained on this site does not constitute an offer or solicitation for the sale of any security or any other product or service from Westchester Capital Management, LLC (“Westchester”) or Virtus Investment Partners, Inc. (“Virtus Investment Partners”) or their affiliates (collectively, “Virtus”).
Content is provided for informational purposes and should not be construed as a substitute for legal or financial advice from a professional advisor. No information that we are providing on this site shall be considered to be or is advice on which you may rely as the primary basis for your investment decisions. You need to make your own decisions, with whatever third-party advice you wish to obtain, and you are not authorized to rely on any information provided on this site as advice that is a primary basis for your decisions. Virtus Investment Partners and its affiliates make no representation that the securities or services described on this site are suitable for any specific investor or type of investor. Westchester and Virtus expressly confirm, and by proceeding to use this site you acknowledge, that neither Virtus Investment Partners nor any of its affiliates has made or is making a recommendation, or has provided or is providing investment advice of any kind whatsoever (whether impartial or otherwise), or is giving any advice in a fiduciary capacity, in connection with your use of this site in reaching any decision you may make to invest in any products or otherwise proceed with us. Further, if you engage or have engaged Westchester or Virtus to serve as your investment adviser, by proceeding to use this site you acknowledge that your use of this site is outside the scope of that relationship, and that making the contents of this site available does not constitute the provision of advice to you by such investment adviser.
By proceeding to use this site, you agree not to hold Westchester or Virtus, or its third party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this site.
Restrictions on Use
Your use of the materials on this site, including content, documents, products, software, graphics and text, and all software, design, programming techniques and documentation used to operate and support the site, is subject to these terms. You may download material displayed on this site to your computer and you may print, email or distribute copies of the information contained on this site provided you do not remove any copyright, trademark or other proprietary notices contained on the materials. Except as authorized in writing by Westchester or Virtus Investment Partners, no materials from this site or any Web site owned, operated, licensed or controlled by Virtus Investment Partners may be reproduced, republished, posted, or hyperlinked.
Where We Are Authorized to Conduct Business
The services and products described, and information provided through this site are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject the funds supported by Westchester or Virtus, to any registration requirement within such jurisdiction or country. Persons who access this site do so on their own initiative and are responsible for compliance with applicable local laws or regulations.
Modification of This Site and Materials
Westchester may, at any time and for any reason, stop making this site available and/or remove and discard any materials within it. Further, neither Westchester nor Virtus shall not be liable to you or any third party for any modification, suspension or discontinuance of the site.
This site may provide, or third parties may provide, links to other Web sites or resources. Westchester and Virtus Investment Partners have no control over such sites and resources, are not responsible for their availability, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from them. Westchester or Virtus Investment Partners shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of such sites or resources. Your use of such sites or resources shall be subject to the terms and conditions set forth by them.
Proprietary Rights Retained by Virtus Investment Partners
All rights, title and interests in and to the site and its materials, including, but not limited to, all patent rights, copyrights, trade secrets, trademarks, site marks and other inherent proprietary rights, are retained by Westchester and Virtus Investment Partners or its licensors. Except as expressly authorized by Westchester or Virtus herein, you agree not to make, copy, display, modify, rent, lease, license, loan, sell, distribute or create derivative works of the site or its materials in whole or in part. Any modification of the site or its materials for any purpose is in violation of these terms.
The names Westchester Capital Management, LLC, The Merger Fund®, Virtus Investment Partners, Inc., and logo marks are trademarks and service marks of the respective firm and may not be displayed or otherwise used in any manner without the prior written consent of the respective firm. All other trademarks not owned by Virtus that appear on this site are the property of their respective owners.
Disclaimer of Warranties
This site and its materials are provided "as is" and "as available" and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of accuracy, completeness, non-infringement, merchantability and fitness for a particular purpose, including, without limitation, whether any insurance or other product described on the site is appropriate to meet your needs.
Without limitation of the foregoing, Westchester and Virtus Investment Partners make no warranty that (i) the site will meet your requirements; (ii) the site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from use of the site will be accurate or reliable; (iv) the quality of any products, sites, information, or other material obtained by you through the site will meet your expectations; or (v) any errors in the site will be corrected.
Any material viewed, downloaded or otherwise obtained through the use of the site is done solely at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the viewing or download of any such material.
No information provided to you through this site shall be the basis for any warranty between you and Westchester or you and Virtus Investment Partners.
Limitations of Liability
Westchester, Virtus Investment Partners and its officers, directors, employees, consultants and contractors shall not be liable for any damages, losses, costs or injuries suffered as a result of or in relation to this site or its materials, your use of either of the foregoing, or your breach of these terms or restrictions. In no event shall Virtus Investment Partners be liable for any indirect, punitive, special, incidental, or consequential damages (including, without limitation, loss of sales, business, revenue, profit, use, data or other economic advantage), however it arises, whether for breach of contract or in tort, even if Virtus has been advised of the possibility of such damages. In no event shall Virtus be liable to you for damages greater than $50 in aggregate.
You shall indemnify, defend and hold Virtus Investment Partners harmless from and against all claims, actions, liabilities, damages, losses, debts, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of or relating to (i) your use or modification of this site or its materials; (ii) any information content or materials submitted or provided by you; or (iii) your breach of any of these terms or restrictions.
To avoid any misunderstandings as to ownership or compensation, this site should not be used to submit ideas, suggestions or materials (collectively, submissions) to Westchester or Virtus Investment Partners. Employees, consultants and other representatives of Virtus have many creative ideas of their own, some of which may be similar to your submissions. In addition, while you may believe that your submissions are novel or unique, it is possible that they are otherwise known by Westchester or Virtus or within the financial or other industries. If, despite our request, you submit any submissions to Westchester and Virtus Investment Partners via this site, such submissions shall become our property and you hereby assign to Westchester and Virtus Investment Partners, without further consideration, all of your rights, title and interests in and to the same, including, without limitation, any pertinent copyright, trade secret, patent and any other intellectual property rights. Any additional or different terms of ownership or use submitted by you in connection with any such submission shall be void. In addition, Westchester or Virtus Investment Partners shall be under no obligation of confidence with respect to any such submission and shall not be liable for any use or disclosure of the same.
Copyright and Copyright Agents
Westchester and Virtus Investment Partners respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Westchester and Virtus Investment Partners' Copyright Agent for notice of claims of copyright infringement on its site is:
Virtus Investment Partners
One Financial Plaza
Hartford, CT 06103
You also may be subject to additional terms and conditions that may apply when you use subsidiaries' sites, third-party content or third-party software. These terms and the relationship between you and Westchester or you and Virtus Investment Partners shall be governed by the laws of the State of Connecticut and controlling United States federal law without regard to conflict of law provisions. The failure of Westchester or Virtus to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles included in this statement are for convenience only and have no legal or contractual effect.
Changes to Terms