Last Modified: April 2016
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.
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
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.
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.
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, email@example.com.
We suggest that you consult your legal advisor before submitting a notice or counter-notice.
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.
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.
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.
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.
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
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
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.
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.
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.
Governing Law and Jurisdiction
Waiver and Severability
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to firstname.lastname@example.org or email@example.com.