IMPORTANT INFORMATION ABOUT USE OF THIS WEBSITE Please carefully read the Terms of Use ALL
APPLICABLE SUPPLEMENTAL TERMS (AS DEFINED BELOW) and Privacy Policy below COLLECTIVELY
(these “Terms of Use”). Use of and access to this website and related sites (the “Sites”) is
conditioned on your acceptance of these Terms of Use. By using or accessing any Site, you
expressly acknowledge that you have read and understood these Terms of Use, and that you
agree to be bound by them. If you do not agree to be bound by and subject to these Terms of
Use, you are not permitted to use or access any of the Sites.
PLEASE ALSO SEE OUR PRIVACY POLICY.
WE MAY CHANGE THESE TERMS OF USE AND THE PRIVACY POLICY AT ANY TIME BY POSTING THE UPDATED
VERSION ON THE APPLICABLE SITE(S). BY USING THE SITE AFTER ANY SUCH UPDATE HAS BEEN POSTED,
YOU
ARE AGREEING TO THE TERMS OF SUCH UPDATED VERSION. WE ENCOURAGE YOU TO REVIEW THESE TERMS OF
USE
AND THE PRIVACY POLICY REGULARLY.
THE SITES’ PURPOSE IS ONLY TO PROVIDE GENERAL INFORMATION AND DOES NOT CONSTITUTE A
RECOMMENDATION OR PURPORT TO GIVE INVESTMENT ADVICE. WE STRONGLY SUGGEST THAT INVESTORS
CONSULT
A FINANCIAL ADVISOR PRIOR TO MAKING ANY INVESTMENT DECISION AND THAT YOU CAREFULLY CONSIDER
YOUR
PARTICULAR INVESTMENT NEEDS, OBJECTIVES AND FINANCIAL CIRCUMSTANCES.
Some of the individual websites linked to, or pages contained within, a Site, or your
accessing
or using a Site from a particular jurisdiction or for a particular purpose may require you
to
agree to supplemental terms, conditions, disclaimers and/or disclosures (“Supplemental
Terms”).
In the event of a conflict between the general Terms of Use below and any applicable
Supplemental Terms, the applicable Supplemental Terms will govern for any individual Site(s)
or
page(s) on which they appear, or for the jurisdictions or purposes for which they were
intended.
The Sites are operated by Octapex, LLC and its affiliates (“we,” “us” or
“our”) may
modify
these Terms of Use at any time and at our sole discretion, with or without advance notice.
Each
time you use or access any Site, you are responsible for being familiar with, and are
agreeing
to be bound by and subject to, the then-current version of these Terms of Use.
If you use or access (or attempt to use or access) any Site in any manner in violation or
breach
of these Terms of Use, neither we nor any of our associates or affiliates will be liable to
you
for any loss, liability or damage of any kind that may result to you or a third party
(including
without limitation, any direct, indirect, incidental or consequential loss or damage, or any
loss of revenue, business profits, goodwill, data, or any opportunity) in connection with
any
such use or access (or attempt to use or access) of any Site, and you will be fully
responsible
and liable for any and all damages, liabilities, losses of any kind to us or to any third
party.
TERMS OF USE
Unless otherwise indicated, in these Terms of Use, references to “you” and “your” are
references
to any person using or accessing (or attempting to use or access) any Site.
Purpose and Accuracy of Information on the Site
The information on the Sites (the “Content”) is directed only at persons or entities in the
jurisdiction(s) where access to such Content and use of such Content is not contrary to any
applicable law or regulation. Accordingly, you are responsible for informing yourself of and
complying with any such restrictions.
Nothing on any Site is intended to, nor will, constitute an offer (or an invitation to make
an
offer) to buy, sell or otherwise transact in any investment fund and/or strategy referred to
on
any Site or any other security or financial instrument, or to provide any investment
services or
advice in any jurisdiction.
The Content is provided by us and certain third parties, and is for information purposes
only.
The Content has been obtained from, or is based on, sources believed by us to be reliable,
but
is not guaranteed as to its accuracy or completeness. The Content is provided without
obligation
on our part and on the understanding that any person or entity who acts upon it or changes
his,
her or its investment position in reliance on it does so entirely at his, her or its own
risk.
The Content is current only as at the date it is first posted and may no longer be true or
complete when viewed by you. Additionally, the Content may be changed or amended without
prior
notice, but we do not undertake any obligation to update any Site or Content.
Access to Information on the Sites
Registered Access
If you register and are granted a log-in name and password by us, you:
- must treat all information from such Site as confidential and must not disclose it to any
third party or allow any third party to access any Site using your log-in name and password;
- you are prohibited from using anyone else’s log-in name or password;
are responsible for any use of any Site by any third party who accesses the Site using your
log-in name and/or password; and - shall notify us immediately if you suspect any
unauthorized
use of any Site or of your log-in name and/or password.
You are responsible for ensuring that any information that you provide to us as part of the
registration process is true, complete and accurate, and is kept up to date at all times.
You
must notify us immediately of any changes to this information. Failure to provide us with
accurate information during the registration process and update us of any changes to such
information as described herein shall be treated as a material breach of these Terms of Use,
and
may result in your violation of applicable law.
It may be unlawful to access or download the information contained in a Site in certain
jurisdictions and (to the greatest extent permitted by law) we disclaim all responsibility
if
you access or download any information from the Site in breach of any law or regulation of
the
jurisdiction in which you reside or are then-present.
Limitations to Use
You represent, warrant and covenant that you will not, and will not permit any third party
to,
use any Site or any Content: to conduct or engage in unlawful activities; to violate any law
or
regulation; or to violate, misappropriate or infringe upon our rights or the rights of any
third
party, including without limitation, contractual rights, intellectual property rights and
privacy rights. You shall not, and will not permit any third party to use or introduce into
any
Site or Content any device, code, software or routine that could damage or interfere with
the
proper operation of any Site or Content, or damage or interfere with any software, hardware
or
systems, whether ours or those of any third party. You shall not directly or indirectly take
any
action to unduly stress any Site, including by way of example and not limitation, incurring
session lengths or conducting search queries that we reasonably determine to be abusive, or
use
any scraper, robot, spider, or other automated mechanism to access any Site or access or
download any Content.
We reserve the right to monitor your use of the Sites to provide guidance and assistance in
the
use of the Sites, and to monitor your compliance with these Terms of Use. You acknowledge,
and
hereby consent to, such monitoring. We reserve the right to terminate your access to and use
of
any or all Sites if, in our reasonable belief, you have violated OR BREACHED any of the
terms or
CONDITIONS in these Terms of Use.
Risk Factors
INVESTMENT IN ANY OF THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE SITES CARRIES SUBSTANTIAL
RISK, INCLUDING THE POSSIBLE LOSS OF PRINCIPAL. THERE IS NO GUARANTEE THAT THE INVESTMENT
OBJECTIVES OF THE FUNDS AND/OR STRATEGIES WILL BE ACHIEVED AND RETURNS MAY VARY
SIGNIFICANTLY
OVER TIME. INVESTMENT IN THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE SITES IS NOT SUITABLE
FOR
ALL INVESTORS.
Disclaimers
EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE SITES, INCLUDING WITHOUT LIMITATION ALL CONTENT
AND
INFORMATION PROVIDED IN CONNECTION WITH ANY SITE, ARE PROVIDED “AS IS,” “AND AS AVAILABLE,”
WITH
ALL FAULTS, AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
TO
THE GREATEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM, ALL WARRANTIES EXPRESS OR
IMPLIED,
INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TITLE, EXPECTED RESULTS, AVAILABILITY, ACCURACY, OR ARISING FROM A COURSE
OF
DEALING, USAGE, OR TRADE PRACTICE. NO REPRESENTATION, WARRANTY OR UNDERTAKING IS GIVEN AS TO
THE
ACCURACY OR COMPLETENESS OF THE CONTENT BY US AND NO LIABILITY IS ACCEPTED BY US FOR THE
ACCURACY OR COMPLETENESS OF SUCH INFORMATION. IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY
THIRD PARTY FOR ANY CLAIM OR LOSS CLAIMED BY YOU OR ANY THIRD PARTY RELATING TO BUSINESS
DECISIONS MADE BY YOU AS A RESULT OF YOUR USE OF ANY SITE OR CONTENT. THE INTERNET IS NOT A
COMPLETELY RELIABLE TRANSMISSION MEDIUM, AND WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY DATA
TRANSMISSION ERRORS SUCH AS DATA LOSS, DAMAGE OR ALTERATION OF ANY KIND. WE DO NOT GUARANTEE
CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY SITE OR ANY CONTENT CONTAINED THEREIN.
UNDER
NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSSES OR LIABILITIES OF ANY KIND,
HOWEVER CHARACTERIZED (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WHERE WE HAVE BEEN ADVISED OR
HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM YOUR USE OR MISUSE OF ANY
SITE,
ANY CONTENT, OR ANY INFORMATION CONTAINED ON ANY OTHER LINKED WEBSITE.