Legal


Privacy Policy

This website is owned by Icahn Blog LLC (“Icahn”, “we”, “us” or “our”). We value your privacy rights. Please take a moment to review the questions and answers listed below, which describe our privacy practices for this website. By visiting this website and by joining www.carlicahn.com, you consent to these practices.

What Information do We Collect?
Icahn may collect both personally identifiable information about you and non-personal information about your visit when you access our website. The personally identifiable information we collect is limited to information you submit to us. For example, we collect your e-mail address when you choose to join www.carlicahn.com.
The non-personal information we may collect includes the domain name of the site providing you with Internet access, the Internet protocol (IP) address used to connect your computer to the Internet, your browser type and version, the operating system your computer is running and other site visit data such as the pages you view, information you search for and the average time spent on our website. Much of this information is tracked through log files, which are stored on Icahn’s servers. It is possible this information could be matched with your name or other personally identifiable information.

 

How is Your Information Used?

Icahn considers the personally identifiable information contained in our business records to be confidential. We will not sell, rent, or share your personally identifiable information without your consent except in accordance with this policy. If you submit your e-mail address or other personally identifiable information or communications to us when joining www.carlicahn.com, we will use this information to communicate with you from time to time. In that connection we may share your information with our affiliates, business partners or others who work for us such as service providers, vendors, contractors and agents.
We use the non-personal information collected about site visits in the aggregate to better understand the entire audience. Aggregate information is anonymous.
To the extent permitted by law, any information we obtain (personal and non-personal), may be disclosed to government authorities or third parties pursuant to a legal request, subpoena or other legal process. We may also use or disclose your information as permitted by law to protect legal rights.
What About Cookies and Web Beacons?
Icahn may use technologies such as cookies and web beacons. A cookie is a piece of information that is sent to your browser from a web server and stored on your computer’s hard drive. A cookie allows Icahn to determine that a visit has occurred within our site, as well as which pages were viewed. Cookies are not used to identify you and will not collect personal information. You can decide if and how your computer will accept cookies by configuring your preferences option within your web browser. If you choose to decline cookies, however, some of the functionality of this website may be impaired. Web beacons, also known as clear gifs and web bugs, allow us to recognize a cookie on your computer when you view a web page or e-mail. These electronic images help us measure the effectiveness of our e-mail campaigns by, for example, counting the number of individuals who visit our website or the number of individuals who open or act upon an e-mail message.

 

How Do We Protect Personally Identifiable Information Collected on this Site?

 

We take reasonable precautions to protect your personal information in our possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, Icahn does not warrant or represent that its level of security meets or exceeds any particular standard. You should keep in mind that no Internet transmission is ever 100% secure or error-free.

 

What Websites Does This Policy Cover?

This policy applies only to this website, which is owned and operated by Icahn. We are not responsible for the privacy practices or the content of any other websites. We encourage you to read the privacy policy of every website you visit.
What Happens to Your Information if There is a Corporate Change of Control or Sale of Assets?
In the event of a corporate change in control resulting from, for example, a sale to, or merger with, another entity, or in the event of a sale of assets, Icahn reserves the right to transfer your personal information to the new party in control or the party acquiring assets.

 

Your State Law Privacy Rights

Residents of certain states and jurisdictions have a right to obtain a list of Personal Information that Icahn may have disclosed to affiliates for marketing purposes or to unaffiliated third parties for their own marketing purposes, or as otherwise permitted by the law of such state or jurisdiction. If you are entitled to and desire such information, please contact Icahn and request the general list of information shared and the companies among which it is shared or such other information. This request may be sent electronically to admin@carlicahn.com. Icahn will respond to these requests for the list and information within 30 days. Written requests may be sent to Icahn Blog LLC, 767 Fifth Avenue, Suite 4700, New York, New York 10153. Requests for this information that come to Icahn through other channels may result in a delayed response.

 

What About Changes to This Privacy Policy?

Icahn reserves the right, in its sole discretion, to modify, alter or otherwise update this policy at any time and you agree to be bound by such modifications, alterations or updates. We will notify you of material changes to this privacy policy by posting the revised policy with the date it was revised on this page. Your continued use of our website and membership in www.carlicahn.com constitutes your agreement to this privacy statement and any updates. We encourage you to periodically review this privacy statement to stay informed about how we are protecting the personal information we collect.

 

How Can You Ask Questions or Raise Concerns?

If you have other questions or concerns about our privacy policies or data use, or wish to change your options, e-mail us at admin@carlicahn.com.

Use of Social Media to Disclose Material Non−Public Information

On April 2, 2013, the Securities and Exchange Commission (“SEC”) issued a report in which it provided guidance to issuers regarding the use of social media to disclose material non−public information. Carl C. Icahn, Chairman of Icahn Enterprises L.P., intends to use the web site www.carlicahn.com (and communications to its members), as well as Tumblr, Facebook, Twitter and the web site www.shareholderssquaretable.com (and communications to its members), from time to time to communicate with the public about Icahn Enterprises L.P. and other issues. It is possible that the information that Mr. Icahn posts through the www.carlicahn.com website and to its members, and on Tumblr, Facebook and Twitter, and through the Shareholders’ Square Table website and to its members, could be deemed to be material information. Therefore, in light of the SEC’s guidance, we encourage investors, the media, and others interested in Icahn Enterprises L.P. to review the information that Mr. Icahn provides on the website and to members of www.carlicahn.com, and that he posts on Tumblr, Facebook and Twitter, and that he provides on the Shareholders’ Square Table website and to its members, in addition to the information that Icahn Enterprises L.P. discloses using its investor relations website (http://www.ielp.com/investor.cfm), SEC filings, press releases, public conference calls and webcasts.

Welcome to www.carlicahn.com (the “Site”), owned by Icahn Blog LLC (“Icahn” “we”, “us” or “our”). By using this Site and joining www.carlicahn.com, you agree to be bound by the terms and conditions of use (“Terms of Use” or “Agreement”) set forth below. Those persons who join www.carlicahn.com and provide their email address may receive emailed information from us from time to time. References in thse Terms of Use to information provided through www.carlicahn.com or to its members and any similar statements include the sending of materials through the use of those email addresses. If you do not wish to be bound by these Terms of Use, do not use this Site or join www.carlicahn.com. We may, in our sole discretion, terminate your access to the Site and membership in www.carlicahn.com at any time and without notice, including, without limitation, due to any violation by you of these

 

Terms of Use.

We disclaim the accuracy and validity of any information or opinions of others made available through this Site. 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 and provided through www.carlicahn.com does not constitute a research report. Icahn provides the information on this Site and through membership in www.carlicahn.com free of charge for all persons 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 or made available through www.carlicahn.com and any information may be removed at any time. The information provided 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 hold positions in securities of companies mentioned on this Site or in the information provided to members of www.carlicahn.com. Any action you take or do not take based upon information on the Site or provided through www.carlicahn.com, including, but not limited, to investment, trading or other decisions, is done at your own risk.
IMPORTANT NOTE REGARDING THE COMPANIES MENTIONED ON THIS SITE
THIS WEBSITE MAY CONTAIN CARL C. ICAHN’S CURRENT VIEWS ON THE VALUE OF ONE OR MORE SECURITIES AND ACTIONS THAT MIGHT BE TAKEN TO ENHANCE THE VALUE OF THOSE SECURITIES. MR. ICAHN’S VIEWS ARE BASED ON HIS ANALYSIS OF PUBLICLY AVAILABLE INFORMATION AND ASSUMPTIONS HE BELIEVES TO BE REASONABLE. THERE CAN BE NO ASSURANCE THAT THE INFORMATION HE CONSIDERED IS ACCURATE OR COMPLETE, NOR CAN THERE BE ANY ASSURANCE THAT HIS ASSUMPTIONS ARE CORRECT. THE ACTUAL PERFORMANCE AND RESULTS OF THE COMPANIES DISCUSSED ON THIS SITE MAY DIFFER MATERIALLY FROM HIS ASSUMPTIONS AND ANALYSIS. WE HAVE NOT SOUGHT, NOR HAVE WE RECEIVED, PERMISSION FROM ANY THIRD-PARTY TO INCLUDE THEIR INFORMATION ON THIS SITE. ANY SUCH INFORMATION SHOULD NOT BE VIEWED AS INDICATING THE SUPPORT OF SUCH THIRD PARTY FOR THE VIEWS EXPRESSED ON THIS SITE. MR. ICAHN DOES NOT RECOMMEND OR ADVISE, NOR DOES HE INTEND TO RECOMMEND OR ADVISE, ANY PERSON TO PURCHASE OR SELL SECURITIES AND NO ONE SHOULD RELY ON THIS SITE OR ANY INFORMATION CONTAINED HEREIN TO PURCHASE OR SELL SECURITIES OR CONSIDER PURCHASING OR SELLING SECURITIES. ALTHOUGH MR. ICAHN MAY STATE IN THIS SITE WHAT HE BELIEVES SHOULD BE THE VALUE OF CERTAIN SECURITIES, THIS SITE DOES NOT PURPORT TO BE, NOR SHOULD IT BE READ, AS AN EXPRESSION OF ANY OPINION OR PREDICTION AS TO THE PRICE AT WHICH SUCH SECURITIES MAY TRADE AT ANY TIME. MR. ICAHN’S VIEWS AND HIS HOLDINGS OF THE SECURITIES MENTIONED ON THIS SITE COULD CHANGE AT ANY TIME. HE MAY SELL ANY OR ALL OF HIS HOLDINGS OR INCREASE HIS HOLDINGS BY PURCHASING ADDITIONAL SECURITIES. HE MAY TAKE ANY OF THESE OR OTHER ACTIONS REGARDING ANY OF SUCH SECURITIES WITHOUT UPDATING THIS SITE OR PROVIDING ANY NOTICE WHATSOEVER OF ANY SUCH CHANGES. INVESTORS SHOULD MAKE THEIR OWN DECISIONS REGARDING THE COMPANIES MENTIONED ON THIS SITE AND THEIR PROSPECTS WITHOUT RELYING ON, OR EVEN CONSIDERING, ANY OF THE INFORMATION CONTAINED HEREIN.

Forward-Looking Statements

Certain statements, information or opinions contained on the Site or provided through www.carlicahn.com are forward-looking statements including, but not limited to, statements that are predications of or indicate future events, trends, plans or objectives. Undue reliance should not be placed on such statements because, by their nature, they are subject to known and unknown risks and uncertainties. Forward-looking statements are not guarantees of future performance or activities and are subject to many risks and uncertainties. Due to such risks and uncertainties, actual events or results or actual performance may differ materially from those reflected or contemplated in such forward-looking statements. Forward-looking statements can be identified by the use of the future tense or other forward-looking words such as “believe,” “expect,” “anticipate,” “intend,” “plan,” “estimate,” “should,” “may,” “will,” “objective,” “projection,” “forecast,” “management believes,” “continue,” “strategy,” “position” or the negative of those terms or other variations of them or by comparable terminology. Important factors that could cause the actual results of any particular company mentioned on the Site to differ materially from the expectations set forth on the Site include, among other things, the factors identified under the section entitled “Risk Factors” in such company’s most recent Annual Report on Form 10-K filed with the Securities and Exchange Commission. Such forward-looking statements should therefore be construed in light of such factors, and Icahn is under no obligation, and expressly disclaims any intention or obligation, to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by law.

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 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 or through www.carlicahn.com (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.
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.

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.carlicahn.com/legal/privacy-policy.

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.
Disclaimer of Warranties and Liability

This Site is provided for informational purposes only.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND MEMBERSHIP IN WWW.CARLICAHN.COM 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 OR MADE AVAILABLE THROUGH WWW.CARLICAHN.COM. THIS WEBSITE, AND ANY CONTENT MADE AVAILABLE THROUGH WWW.CARLICAHN.COM AND 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 AND ANY CONTENT MADE AVAILABLE THROUGH WWW.CARLICAHN.COM, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING.
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 OR IN ANY CONTENT MADE AVAILABLE THROUGH WWW.CARLICAHN.COM. 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 OR IN ANY CONTENT MADE AVAILABLE THROUGH WWW.CARLICAHN.COM 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, including but not limited to, membership in www.carlicahn.com. 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 this Site and/or joining www.carlicahn.com, 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 www.carlicahn.com 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 any content on this Site or made available through www.carlicahn.com, has infringed the copyright owner’s work(s). If you believe that any such work 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:
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:
admin@carlicahn.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 make any required notifications of the alleged infringement and remove or disable access to the material that is alleged to be infringing if it is reasonably practicable to do so. No personal, customer information is shared with the copyright owner unless required by law.