DISCLAIMER
INFORMATION ACCESSED THROUGH THIS WEB PORTAL IS INTENDED EXCLUSIVELY TO WHOM THIS WAS DELIVERED WHO HAS REPRESENTED TO US IS AN “ACCREDITED INVESTOR” UNDER UNITED STATES SECURITIES LAWS, AND IS DEEMED TO BE A PROFESSIONAL FAMILIAR WITH FINANCIAL INSTRUMENTS AND HEDGE FUND PRODUCTS IN PARTICULAR. ANY FURTHER USE BY AND/OR DELIVERY TO A THIRD PERSON IS STRICTLY PROHIBITED AND ALLOWED ONLY AFTER THE PRIOR EXPRESS WRITTEN CONSENT OF EQUINOX PARTNERS INVESTMENT MANAGEMENT, LLC (“EQUINOX”).
IN CONNECTION WITH YOUR USE OF OR ACCESS TO THIS SITE, WE FROM TIME TO TIME MAY PROVIDE YOU WITH SPECIFIC WEB ADDRESSES, USER NAMES, PASSWORDS AND/OR OTHER UNIQUE IDENTIFIERS (“ACCESS CREDENTIALS”). THE ACCESS CREDENTIALS ARE FOR YOUR PERSONAL USE ONLY. YOU ARE RESPONSIBLE FOR THE SECURITY AND CONFIDENTIALITY OF YOUR ACCESS CREDENTIALS, AND AGREE NOT TO DISCLOSE THEM TO ANY THIRD PARTY, INCLUDING ANY OTHER EMPLOYEE IN YOUR ORGANIZATION (IF APPLICABLE). YOU ARE RESPONSIBLE FOR ALL INFORMATION PROVIDED AND ANY ACTS OR OMISSIONS THAT OCCUR WHILE YOUR ACCESS CREDENTIALS ARE BEING USED. WE ARE NOT RESPONSIBLE FOR ANY BREACH OF SECURITY CAUSED BY YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY AND SECURITY OF YOUR ACCESS CREDENTIALS. YOU AGREE TO NOTIFY US IMMEDIATELY IN THE EVENT OF LOSS, THEFT OR DISCLOSURE OF ANY OR ALL OF YOUR US ACCESS CREDENTIALS, OR IF YOU BELIEVE THE CONFIDENTIALITY OR SECURITY OF ANY OR ALL OF YOUR ACCESS CREDENTIALS HAS BEEN COMPROMISED IN ANY WAY, OR IN THE EVENT OF YOUR LEARNING ABOUT A POSSIBLE OR ACTUAL UNAUTHORIZED ACCESS TO AND/OR USE OF THIS SITE. WE RESERVE THE RIGHT TO REVOKE OR MODIFY YOUR ACCESS CREDENTIALS AT ANY TIME WITHOUT PRIOR NOTICE.
THIS INFORMATION IS CREATED SOLELY FOR INFORMATIONAL PURPOSES WITH THE EXPRESS UNDERSTANDING THAT IT DOES NOT CONSTITUTE: (I) AN OFFER, SOLICITATION OR RECOMMENDATION TO INVEST IN A PARTICULAR INVESTMENT; (II) A MEANS BY WHICH ANY SUCH INVESTMENT MAY BE OFFERED OR SOLD; OR (III) ADVICE OR AN EXPRESSION OF OUR VIEW AS TO WHETHER A PARTICULAR INVESTMENT IS APPROPRIATE. NO SALE OF SHARES OR INTERESTS WILL BE MADE IN ANY JURISDICTION IN WHICH THE OFFER, SOLICITATION OR SALE IS NOT AUTHORIZED OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE THE OFFER, SOLICITATION OR SALE. ANY OFFERING OF SHARES OR INTERESTS BY AN INVESTMENT FUND WILL BE MADE SOLELY PURSUANT TO THE PRIVATE PLACEMENT MEMORANDUM PREPARED BY AND FOR SUCH INVESTMENT FUND AND WILL CONTAIN MATERIAL INFORMATION NOT CONTAINED IN THIS DOCUMENT. ANY DECISION TO INVEST IN ANY SHARE OR INTEREST OF ANY INVESTMENT FUND SHOULD BE MADE SOLELY IN RELIANCE UPON THE PRIVATE PLACEMENT MEMORANDUM AND ANY SUPPLEMENTAL DOCUMENTS. THE ENTIRE ONLINE PORTAL IS SUBJECT TO COPYRIGHT WITH ALL RIGHTS RESERVED. NO PERMISSION IS GRANTED TO COPY, DISTRIBUTE, MODIFY, POST OR FRAME ANY TEXT, GRAPHICS, VIDEO, AUDIO, SOFTWARE CODE, OR USER INTERFACE DESIGN OR LOGOS. THE INFORMATION CONTAINED IN THIS ONLINE PORTAL SHALL NOT BE PUBLISHED, REWRITTEN FOR BROADCAST OR PUBLICATION OR REDISTRIBUTED IN ANY MEDIUM WITHOUT PRIOR WRITTEN PERMISSION FROM EQUINOX. NO INFORMATION OR MATERIAL CONTAINED HEREIN MAY BE REPRODUCED, TRANSMITTED, DISPLAYED OR COMMERCIALLY EXPLOITED WITHOUT THE PRIOR WRITTEN CONSENT OF EQUINOX. ALL RIGHTS ARE RESERVED.
Information “As Is”
No representation or warranty is given in respect of the correctness of the information contained herein as at any future date. Certain information included in this communication is based on information obtained from third-party sources considered to be reliable. Any projections or analysis provided to assist the recipient of this communication in evaluating the matters described herein may be based on subjective assessments and assumptions and may use one among alternative methodologies that produce different results. Accordingly, any projections or analysis should not be viewed as factual and should not be relied upon as an accurate prediction of future results. In addition, this online portal may contain performance and other data. Past performance is not indicative of future results.
All information and content on this online portal is furnished “AS IS,” without warranty of any kind, express or implied. Equinox will not assume any liability for any loss or damage of any kind arising, whether direct or indirect, caused by the use of any part of the information provided. Equinox and its licensors do not warrant that the content is accurate, reliable or correct; that the online portal will be available at any particular time or location; that any defects or errors will be corrected; that unauthorized access to or misappropriation of the content will not occur; or that the content is free of viruses or other harmful components. Your use of the online portal is solely at your risk.
No Offering
While the material on this online portal is often about investments, none of it is offered as investment advice. For members of the public, this means that neither the receipt nor the distribution of information through this online portal constitutes the formation of an investment advisory relationship, or any similar client relationship. The materials on this online portal are for informational purposes only and may not be relied on by any person for any purpose and are not, and should not be construed as investment, financial, legal, tax or other advice, recommendation or research.
The information contained herein does not constitute a distribution, an offer to sell or the solicitation of an offer to buy any securities in any jurisdiction in which such distribution or offer is not authorized.
Hyperlinks
Equinox does not assume any responsibility or liability for information accessed via hyperlinks (“links”) to or from third party sites. The existence of such links should not be construed as an endorsement, approval or verification by Equinox of any content available on linked sites. Equinox provides these links as an accommodation to you and solely for information purposes. By providing access to other sites, Equinox is not recommending the purchase or sale of products or services provided by the sponsoring organization of any linked sites. Equinox does not review, monitor or supervise the content of any linked sites. If you choose to access a linked site, you do so at your own risk. In addition, you agree not to link any of your websites or any third-party website to this online portal without Equinox’s prior written consent. Equinox reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to this online portal.
Forward-Looking Statements
Some portions of this online portal may also contain certain forward looking statements and projections. Such statements and projections are subject to a number of assumptions, risks and uncertainties which may cause actual results, performance or achievements to be materially different from future results, performance or achievements expressed or implied by these forward-looking statements and projections. Prospective clients are cautioned not to make any investment decision based on these forward-looking statements and projections. These statements are not guarantees of future performance and involve risks, uncertainties, assumptions and other factors that are difficult to predict and that could cause actual results to differ materially. Accordingly, you should not rely upon forward-looking statements as a prediction of actual results and actual results may vary materially from what is expressed in or indicated by the forward-looking statements.
Changes and Modifications
Equinox reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. Therefore, we suggest that you review these terms periodically for changes. By using this online portal after we have posted changes to these Terms and Conditions of use, you are agreeing to be bound by these terms as amended. No modification of these Terms and Conditions shall be valid unless specifically approved in writing by Equinox.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The preceding Terms and Conditions represent the entire agreement between Equinox, on the one hand, and you, on the other, relating to the subject matter hereof.
Governing Law and Venue
By accessing this online portal, both you and Equinox agree that the laws of the State of New York, without regard to the conflicts of law principles thereof, will apply to all matters relating to use of this online portal. You and Equinox also agree and hereby submit to the exclusive personal jurisdiction and venue of the New York State and U.S. Federal Courts sitting in New York County, New York, USA with respect to all such matters. Users accessing this online portal from jurisdictions outside of New York State do so on their own initiative and are responsible for compliance with all applicable local laws. As a condition to providing this information, Equinox shall have no liability, direct or indirect, to any other entity arising from the use of this information. Equinox shall not be liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use this online portal.