By clicking "accept" or otherwise accessing this website and any materials presented herein (the "Site") via any media or electronic device, including internet, telephone and wireless devices you accept in their entirety and without modification the following terms and conditions pertaining to the use of the Site (these "Terms of Use"). Advanced Portfolio Management LLC and its affiliates (collectively "APM" or the "Firm") reserve the right to change these Terms of Use without notice at any time. Any such change to these Terms of Use shall be effective upon posting to the Site, and apply to all access to and use of the Site thereafter.
You acknowledge and agree that APM may temporarily or permanently restrict, suspend or terminate the Terms of Use or your access to, and use of, all or any part of the Site, including any links to third-party sites, at any time, as determined in APM' sole and absolute discretion, and without prior notice. APM will not be liable to you or any third party for any termination of your access to or use of the Site.
Each use of the Site constitutes your agreement to be bound by and comply with the then-current Terms of Use. If you do not wish to agree to these Terms of Use, you must not access or use the Site.
1. No Offer of Securities; No Advice
Each use of the Site constitutes your acknowledgement of, acceptance of, and agreement with the following: THIS SITE AND THE INFORMATION INCLUDED HEREIN ARE FOR GENERAL INFORMATION PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL AT THE SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY OR FINANCIAL INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY APM. ANY SUCH OFFER OR SOLICITATION:
Access to information about the investment funds managed by, or advisory services offered by, APM is limited to investors who meet applicable investor suitability, experience and sophistication requirements. You acknowledge that participation in investment funds is speculative in nature, involves a high degree of risk and is intended only for experienced and sophisticated investors.
This Site is also not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this Site should be construed as a recommendation, by APM or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.
2. Ownership, Limited License to Use the Site
The Site and its entire contents, features and functionality (including but not limited to all information, software, code, text, graphics, charts, audio, logos, images, data compilations, icons, and the design, selection and arrangement thereof) are owned by APM, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
By clicking "accept," APM grants you a personal, limited, nonexclusive, non-transferable license to display and otherwise use portions of the Site, conditioned on your continued compliance with these Terms of Use, solely for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use. Except as described in the immediately preceding sentence, you may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software or code obtained from the Site without the prior express written permission of APM. You may print one hard copy of the information and download one temporary copy of the information into one single computer's memory solely for your own personal, non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices are kept intact.
All information contained in this Site is intended solely for the use of those persons who have been granted permission to use this Site and who have agreed to these Terms of Use. Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of APM, any of its affiliates and/or any other entity described on the Site. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Any data that you transmit to the Site becomes the property of APM and may be used by APM for any lawful purpose without restriction, subject to the Privacy Policy set forth in Section 5 below. APM reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to all material contained in the Site.
3. Restricted Areas
Portions of the Site which are password-protected may be accessed only by users who have been issued passwords by an authorized representative of APM. Such passwords will only be issued to current investors in an investment fund sponsored or managed by APM, or to prospective investors who are eligible to receive a Confidential Offering Memorandum for one or more of those investment funds or their respective agents and designees. Password-protected portions of the Site may contain performance information for the investment funds sponsored or managed by APM.
You may not allow others to use your user name or password to access or use any part of the Site. If your password has been compromised for any reason, you should contact APM immediately for a new password. If you provide your password to any third party, you will be in breach of these Terms of Use and in addition will be solely responsible for any actions taken by such third party using your password.
Users of the Site acknowledge that past performance is not necessarily indicative of future results. No one may obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by APM for their specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.
4. Prohibited Uses and Monitoring
You may not use the Site in any manner that would interfere with any other party's use of the Site. You may not use, transfer, distribute or dispose of any information contained in the Site in any manner that could compete with the business of APM and you are prohibited from using the Site to advertise or perform any commercial solicitation or in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). In addition to the other limitations discussed in these Terms of Use, you may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures that we may use to prevent or restrict access to the Site. Any rights not expressly granted herein are reserved.
APM reserves the right, but does not have the obligation, to access, archive, or monitor any use of this Site, or your use of this Site and your communications to the Site. Any personal information collected during such monitoring will be used in accordance with APM' then-current privacy policy. By using the Site, you accept APM' right to access, archive, and/or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with these Terms of Use, compliance with applicable laws, rules or regulations or for any other reason. You agree that APM' monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which APM monitors your Site usage and enforces, or fails to enforce, these Terms of Use. You further agree that in no event will APM be liable for any damages incurred by you as a result of APM' usage monitoring.
5. Privacy Policy
In using portions of the Site, you may provide APM with personal information about you, your relatives and/or other persons affiliated with or designated by you. Personal information is any information that can be used to identify or contact a specific individual. APM may use personal information for its own internal purposes. APM will not transfer, sell or disclose such personal information to any other third party except any funds or advisers without the applicable person's prior consent, except (a) as may be required by law (including, without limitation, pursuant to a subpoena, court order, or the order of any regulatory body having jurisdiction over APM or funds managed by APM or its affiliates); (b) to protect the integrity of the Site and/or to protect the interests, rights, safety, or property of APM; (c) to enforce these Terms of Use; (d) to provide you with services or products requested by you and to perform activities related to such services and products, including billing and collection; (e) in connection with a merger, acquisition, divestiture, change of control or liquidation of APM or (f) to operate APM' systems properly. APM will use personal information obtained through your use of the Site only in accordance with the privacy policy in effect at the time such information was provided. APM reserves the right to change this Privacy Policy at any time and to apply such changes retroactively.
By providing APM with data: (i) you acknowledge and agree that due to the international operations of APM, APM may provide personal information, in accordance with this Privacy Policy, to APM' affiliates that may be outside your resident jurisdiction, and that such data may be stored on servers located in other jurisdictions; and (ii) to the extent you are a resident of a jurisdiction other than the United States, you consent to the transfer of such data to the United States as described in this Privacy Policy. If you do not consent to the terms of this Privacy Policy, please do not use the Site, and, if you have provided personal identifying data, please contact APM about how you would like APM to handle such data.
6. No Reliance
While APM uses reasonable efforts to update the information contained in the Site, APM makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Any content of the Site is subject to change without notice. As noted above, permission by APM to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
7. Materials to be Consulted in their Entirety
All materials at the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses and any copyright or proprietary notices, including those contained in these Terms of Use. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
8. Links to Third Party Web Sites
APM has not reviewed any of the websites that may be linked to the Site, and is not responsible for the content of off-site pages or any other website linked or linking to this Site. APM is not responsible for the privacy practices of such other websites. Your linking to or use of any websites other than this Site is at your own risk and subject to the terms and conditions of use for such websites.
The Site may contain hyperlinks to websites operated by parties other than APM, which may not have been screened or reviewed and which may contain inaccurate, inappropriate or offensive material, products or services. APM does not control such websites, and the Firm assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. APM' inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
9. No Warranty
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
APM AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. THIS SITE AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN "AS AVAILABLE" BASIS. APM, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, ANY MATTER RELATED TO THE SITE AND SUCH INFORMATION AND MATERIALS ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. APM EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS IN THE SITE OR THE INFORMATION AND MATERIALS CONTAINED THEREIN.
You acknowledge that you are aware that by using this Site you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards.
APM AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER HARMFUL COMPONENTS. APM AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND TO YOUR COMPUTER, VIRUSES THAT MAY INFECT YOUR COMPUTER, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR USE OF THE SITE.
10. Limitation of Liability; Indemnification
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
IN NO EVENT SHALL APM OR ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO ACCESS AND/OR USE THE SITE OR WITH ANY DELAY IN USING THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, TRADING, PROFITS, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, USE, OPPORTUNITY OR DATA; (II) ANY INFORMATION AND MATERIALS CONTAINED ON OR OBTAINED THROUGH THE SITE; OR (III) OTHERWISE ARISING OUT OF THE ACCESS TO AND/OR USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE FOREGOING LIMITATIONS APPLY EVEN IF APM OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR COULD HAVE FORESEEN THE DAMAGES. FURTHER, NONE OF APM OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS OR EMPLOYEES WILL BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OF USE OR WITH APPLICABLE FEDERAL, STATE AND/OR LOCAL LAWS. SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OR DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF APM OR ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS AND EMPLOYEES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW. IN NO EVENT SHALL APM' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR $100, WHICHEVER AMOUNT IS LOWER.
THE FIRM AND ANY PERSON CREATING OR TRANSMITTING THE INFORMATION ON THE SITE SHALL NOT BE LIABLE FOR ANY INFECTION BY VIRUSES OF OR DAMAGE TO ANY COMPUTER THAT RESULTS FROM YOUR USE OF, ACCESS TO OR DOWNLOADING OF SUCH INFORMATION.
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of APM or any of its officers, directors, members, principals, investors, clients, agents or employees or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.
IF YOU ARE DISSATISFIED WITH THE INFORMATION, PRODUCTS OR SERVICES OFFERED AT THE SITE OR WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE SITE.
You hereby agree, at your own expense, to indemnify, defend and hold APM and its officers, directors, members, principals, investors, agents and employees harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms of Use or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any such claim. APM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of APM.
11. General
If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
These Terms of Use are governed by the internal laws of the State of New York, without reference to its conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in the Borough of Manhattan, New York City as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. You hereby appoint the Secretary of State of the State of New York as your agent for service of process in any such proceeding.
Any notice to APM shall be given in writing and sent by registered mail to Advanced Portfolio Management LLC, 1330 Avenue of the Americas, 36th Floor, New York, New York 10019, Attention: General Counsel, or at such successor address as designated by APM in its sole discretion from time to time.
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