Terms of Use


HedgeNeXus Website Terms of Use

Last Modified: April 2016

Acceptance of the Terms of Use

Welcome to the HedgeNeXus website. This website is operated on behalf of FBN Securities, Inc. (“FBN,” the "Company," or "We"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of this website, including any content, functionality, and services offered on or through it (collectively, the "Website").

Please read the Terms of Use carefully before you start to use the Website. These Terms of Use were last modified as of the date set forth above. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are at least 13 years old. If you are not, you must not access or use the Website.


Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in "Governing Law and Jurisdiction" below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly, so you are aware of any changes, as they are binding on you.

Website Use and Accessibility

Registered use of this Website is intended exclusively and only for individuals or entities that are institutional investors and currently invest in hedge funds or advise others on their hedge fund investments (“Hedge Fund Investor”). By using or registering for this Website, you represent and warrant that you are a Hedge Fund Investor. In addition, you represent and warrant that you are fully able, competent and authorized to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Policy. The Site and Service is not intended for the media, third party marketers or other service providers, the general public, or any other person or entity that may have an interest in or use for the information in the Site except as it solely relates to their capacity as an institutional investor.

Accessing the Website and Account Security

We reserve the right to cease operation of or modify this Website and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website or the entire Website.

You are responsible for:

Making all arrangements necessary for you to have access to the Website

Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them

You may be offered the opportunity to provide certain information through the Website. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to this Website or otherwise including, without limitation, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Restricted Areas of the Site

We may restrict access to certain areas of the Website. If we restrict access to certain areas of the Site, you can choose to voluntarily register to access these areas. During the registration process, we may designate a unique user name for your exclusive use (“User Name”). Once you have received your designated User Name, you will be prompted to create a password (“Password”). We may also request that you provide certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). You are solely responsible for the confidentiality and use of your User Name, Password and Unique Identifiers, as well as for any use, misuse or communications entered through the Site using one or more of them. You will promptly inform us of any need to deactivate a Password or User Name, or change any Unique Identifier. We reserve the right to delete or change your Password, User Name or Unique Identifier at any time and for any reason.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works derived from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

You may store files that are automatically cached by your Web browser for display enhancement purposes;

You may print or download 1 copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution;

You may print out, complete and use the enrollment forms displayed on the Website for your own personal use; and

You must not:

Modify copies of any materials as they appear on this Website

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name and Company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All registered and unregistered trademarks, including other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send Company a notice requesting that Company remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: FBN Securities, info@fbnsecurities.com.

We suggest that you consult your legal advisor before submitting a notice or counter-notice.


Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation or professional rules or standards (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter" or "spam," or any other similar solicitation

To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing)

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or which, as determined by us, may harm the Company or users of the Website or expose them to liability

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website

Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent

Use any device, software, or routine that interferes with the proper working of the Website

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack

Otherwise attempt to interfere with the proper working of the Website


Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. 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 Website, or by anyone who may be informed of any of its contents

This Website may include content provided by third parties. All statements expressed in these materials and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Forums

We and our service providers may make available through the Website certain services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality, among other services) to which you are able to post information and materials (each, a "Forum"). Information contained in Forums may be provided by employees of Company as well as by third-party visitors to the Website. Please note that Website visitors may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. Company and its shareholders, directors, officers, employees, agents, affiliates, licensors, suppliers and service providers (collectively with Company, the “Company Entities”) neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, the Company Entities are not responsible for any information or materials made available through the Forums (including errors or omissions in Forum postings or links or images embedded in Forum postings) or results obtained by using any such information or materials. Under no circumstances will the Company Entities be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Company.

Submissions

The Site may make available certain functionality through which you are able to post or send information and materials (each, a “Submission”). For purposes of clarity, you retain any ownership rights that you may have in any of the Submissions that you post, subject to the terms and conditions of this Agreement. For each Submission that you make available through or in connection with the Site, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to: (i) reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as displaying a user comment on the front page of the Site as a testimonial), and you hereby represent and warrant that you have all necessary rights to grant the foregoing license.


Monitoring


We may (but have no obligation to) monitor, evaluate or alter Submissions before or after they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose.


Transactions


Unless we expressly provide otherwise, any and all purchases or other transactions made through the Website, any and all services and products made available through the Website, and your use of such services and products, are subject to additional terms in addition to this Agreement. If any such additional terms irreconcilably conflict with the terms of this Agreement, such additional terms will govern. References to any services or products on the Website do not imply our endorsement of such services or products.


Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.


Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website

You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you

Cause the Website or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site

Link to any part of the Website other than the homepage

Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable any links at any time without notice at our discretion.

Links From the Website

The Website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for, and the policies (including privacy policies) of, such websites.

Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.


AIFMD Reverse Solicitation


The European Union’s alternative investment fund managers directive (AIFMD), effective in certain EU jurisdictions as of July 22, 2013, imposes extensive operational and other requirements on alternative investment managers, including non-EU managers that actively market their funds to investors within the European union. By signing up to have access to the platform, you affirmatively request to receive marketing materials, on-going service information and direct contact from all of the platform managers who you selected to follow or requested access to their portals, irrespective of whether they are AIFMD compliant or not. This request will be treated as an on-going request to receive marketing materials so long as your platform membership remains active and you shall contact us in writing should you wish to cancel or suspend this request. You understand that the managers using the platform rely on this request in order to comply with various regulatory requirements in the EU.


Geographic Restrictions

This Website is intended for use by residents of the United States. We make no claims that the Website or any of its content is accessible or appropriate in any particular country or jurisdiction. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of its country or countries of operation, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ANY CONTENT, FILES OR OTHER DATA AVAILABLE FOR ACCESS OR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND MECHANISMS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims) shall be governed by, and construed in accordance with, the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located within the Southern District of New York, and you consent to the exercise of personal jurisdiction by, and exclusive venue in, such courts, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

Miscellaneous

These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and the Company. If any provision of these terms of Use is found to be unlawful, void or unenforceable, that provision will be deemed severable from the terms of Use and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under these terms of Use without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only for convenience, and in no way defines or explains any section or provision hereof. The term “including” as used herein means “including without limitation.” These Terms of Use hereby incorporates by this reference any additional terms that we post on the Website. Notices to you may be made via posting to the Website, by e-mail, or by regular mail, in Company's discretion. Without limitation, you agree that a printed version of these terms of Use and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for failures to fulfill any of Company’s obligations due to causes beyond its control.

Contact Us

If you have any questions regarding the meaning or application of this Agreement, please direct such questions to info@hedgenexus.com or info@fbnsecurities.com.