You are prohibited from using the Website to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper, or other automated means to access the Website for any purpose without the prior written permission of the Firm. 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 Website or any activities conducted on the Website, or bypass any measures that we may use to prevent or restrict access to the Website. Any rights not expressly granted herein are reserved.
NO SECURITIES OFFERING OR INVESTMENT ADVICE
The information on the Website is intended to enable current and prospective investors to understand the nature of the Firm's financial advisory services. It does not constitute an offer to sell or a solicitation of an offer to buy any securities relating to any Fund. Any such offering will be made only in accordance with the terms and conditions set forth in the offering memorandum pertaining to a particular Fund (each, a “Memorandum”), which qualifies, in its entirety, the information contained herein. Investors should not construe the Content on this Website as legal, tax, accounting, investment, or other advice. Prior to any investment decision, investors are strongly urged to review carefully the applicable Memorandum (including the risk considerations described therein), the subscription agreement, and all related Fund documents, and to ask such additional questions of the Firm as they deem appropriate.
An investment in a Fund involves significant risks due to, among other things, the illiquidity of the interests and the use of leverage by the Fund in making investments. The Funds have higher fees and expenses than other investment vehicles. There can be no assurance that a Fund will achieve its investment objectives or that there will be any return of capital. Investors should have the financial ability and willingness to accept the risks (including the risk of loss of their entire investment) for an indefinite period of time and should consult their financial, tax, and accounting advisors regarding the appropriateness of making an investment in a Fund.
The documents distributed through the Website (each, a “Document”) may be restricted by law in certain jurisdictions, and persons who access a Document should inform themselves about and observe any such restrictions. Any failure to comply with these restrictions may constitute a violation of the laws of any such jurisdiction.
Unless otherwise stated, statements in any Document are made as of the date appearing on such Document only. Neither the delivery of a Document or Memorandum nor any sale of interests in a Fund shall at any time under any circumstances imply that the information contained therein is correct as of any time subsequent to such date.
No person has been authorized to give any information or to make any representation, warranty, statement, or assurance not contained in a Memorandum and, if given or made, such other information or representation, warranty, statement, or assurance may not be relied upon.
Neither the Funds nor the interests therein have been registered under the U.S. Securities Act of 1933, as amended, the U.S. Investment Company Act of 1940, as amended, or any state or other securities laws or the laws of any non-U.S. jurisdiction. No interests in any Fund have been recommended, approved, or disapproved by any U.S. federal or state or non-U.S. securities commission or regulatory authority, nor have any such authorities passed upon the accuracy or adequacy of any Document.
Interests in the Funds are offered and sold only to investors that qualify as (i) “accredited investors,” as defined in Regulation D under the U.S. Securities Act of 1933, as amended; and (ii) “qualified purchasers,” as defined in Section 2(a)(51)(A) of the U.S. Investment Company Act of 1940, as amended, or “knowledgeable employees,” as defined in Rule 3c-5 promulgated under the U.S. Investment Company Act of 1940, as amended.
The Firm operates the Fund entities as “exempt pools” in accordance with CFTC Rule 4.7. Therefore, subject to certain terms and conditions, the Firm is not required to deliver to Fund investors a disclosure document and certified monthly reports (although it is required to deliver quarterly and annual reports), which are otherwise required to be delivered pursuant to the Commodity Exchange Act, and which would contain certain disclosures that may not otherwise be provided to investors in the Funds.
With respect to existing or prospective investors that are subject to Title I of the Employee Retirement Income Security Act of 1974 or Section 4975 of the Internal Revenue Code of 1986, (i) none of the information contained on this Website or any Document (or in any other future written or oral communication through this Website) is intended to be impartial investment advice with respect to any investors’ investments; (ii) the existence and nature of the financial interest of the Firm, the general partner, or managing member of the applicable Fund (if any), or any of their affiliates, in each case with respect to such investors’ investments, is set forth in the applicable governing documents; and (iii) the information provided on this Website is being made available only to “independent fiduciaries with financial expertise” (within the meaning of the Definition of the Term “Fiduciary”; Conflict of Interest Rule – Retirement Investment Advice, 81 Fed. Reg. 20,946 (Apr. 8, 2017), available at https://www.gpo.gov/fdsys/pkg/FR-2016-04-08/pdf/2016-07924.pdf), and these materials should not be accepted by any person who does not meet such requirements.
Users of the Website acknowledge that past performance is not indicative of future results. No representation is made that any Fund will, or is likely to, achieve a performance record similar to the one it has shown in the past.
As a condition to your use of the Website, you represent, warrant to, and agree with the Firm that all of the information that you provide shall be truthful, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if the Firm has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Firm may suspend or terminate your access to the Website and refuse any and all current or future use of the Website (or any portion thereof).
While the Firm uses reasonable efforts to update the information contained on the Website, the Firm makes no representations or warranties as to the accuracy, reliability, or completeness of any information on the Website. Any content on the Website is subject to change without notice. As noted above, permission by the Firm to access this Website 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.
The Website and the Documents may contain certain information that constitutes “forward-looking statements,” which can be identified by the use of forward-looking terminology such as “may,” “expect,” “will,” “hope,” “forecast,” “intend,” “target,” “believe,” and/or comparable terminology (or the negatives thereof). Actual events, results, and/or performance may differ materially from what is contemplated in such forward-looking statements. Any such forward-looking statements have been prepared based on, among other things, the Firm’s current view of economic conditions, which view it believes to be reasonable in light of information that is presently available but which may prove to be incorrect. This information is subject to uncertainties, changes, and other risks beyond the control of the Firm, including without limitation broad trends in business, finance, and the economy (including, for example, monetary policy, interest rates, inflation, and currency values), legislation and regulation, the availability and cost of short-term and/or long-term funding and capital, and the conditions prevailing in the securities and/or other markets. Industry experts may disagree with the views of the Firm. No assurance, representation, or warranty is made by any person that any of the Firm’s aims, assumptions, expectations, objectives, and/or goals will be achieved. Nothing contained on the Website or in any Document may be relied upon as a guarantee, promise, assurance, or representation as to the future.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE CONTENT PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS, AND CORRECT SEQUENCING OF SUCH INFORMATION AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY THE FIRM OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION.
THE FIRM AND/OR ITS SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE WEBSITE AT ANY TIME WITHOUT NOTICE. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER REASONS.
THE FIRM AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN OR SERVICES PROVIDED BY THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE FIRM AND ITS SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN FULL.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM OR USE OF THE WEBSITE. IN NO EVENT SHALL THE FIRM OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION CONTAINED IN OR SERVICES PROVIDED BY THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE FIRM HAS OR ANY OF ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN FULL.
OWNERSHIP OF CONTENT
NO UNLAWFUL OR PROHIBITED USE
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or any other company in the Website are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend, or approve of the Firm or the Funds or that the Firm endorses, recommends, or approves the services or products of such companies.
MODIFICATION AND MONITORING OF WEBSITE
TERMINATION AND CANCELLATION
The Firm may modify or terminate the Website and terminate your access to the Website without notice at any time and for any reason.
JURISDICTIONAL ISSUES AND APPLICABLE LAW
Unless otherwise specified, the Firm controls and operates the Website from its offices within the State of New York, United States of America.
The Firm does not claim that materials in the Website are appropriate or available for use in all locations. If you choose to access the Website from a particular location, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
You agree to be bound by any agreement or consent you transmit to or through the Website via any media or electronic device, including internet and wireless devices.