Last Updated: October 1, 2015
The Website is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to persons under age 18. Furthermore, the information within the Website is issued by the Firm to sophisticated investors, each of which is both an “Accredited Investor” as defined in Regulation D promulgated under the U.S. Securities Act of 1933, as amended, and a “Qualified Purchaser” as defined under Section 2(a)(51) of the Investment Company Act of 1940, as amended. The information within this site is unsuitable for any other party, who should exit the Website immediately. If you are unsure as to whether or not you qualify, please contact the Firm. By accessing and using this Website, each user represents and warrants to the Firm that such user meets each of the criteria specified above, including meeting the criteria required for Accredited Investors and Qualified Purchasers.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Firm or its service provider will provide clients or potential clients with credentials to access an account specific to such party ("User Account"). The User Account credentials, including password, will be required to access your User Account. The Firm has physical, electronic and procedural safeguards to guard clients' non-public personal information. You are responsible for safeguarding your password and other User Account information. You may not allow others to use your user name or password to access or use any part of the Website. If your password has been compromised for any reason, you should contact the Firm immediately for a new password. If you provide your password to any third party, you will be solely responsible for any actions taken by such third party using your password.
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
The information on the Website is intended to facilitate secure communication between the Firm and its clients and to enable clients to understand the nature of the Firm's financial advisory services. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities, except as may be specifically stated to the contrary by the Firm. The information in the Website should not be construed as the Firm's endorsement, recommendation or sponsorship of any company or security. Third party valuations and data provided by the Firm through the Website for reporting purposes have not been independently verified by the Firm, and the Firm is not responsible for incorrect data or valuations it receives from such third parties. You should evaluate the information made available through the Website, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information.
Certain Information on the Website mat relate to one or more pooled investment funds managed by the Firm (the “Funds”). You confirm your understanding that such information is a summary only of the terms, regulatory and tax positions, and/or other information applicable to each Fund, and is qualified in its entirety by the relevant Fund’s offering documents and partnership agreement or other governing agreement. A subscription to invest in any Fund should only be made having fully read such documents. There are significant risks associated with investment in the Funds outlined in the Website. Investments will be subject to strict limitations on transferability and withdrawal. There will be no secondary or public market for such investments. Investment is intended for sophisticated investors who qualify as both “Accredited Investors” (as defined in Regulation D promulgated under the U.S. Securities Act of 1933, as amended) and “Qualified Purchasers” (as defined under Section 2(a)(51) of the Investment Company Act of 1940, as amended) and who can accept the risks associated with such an investment including a substantial or complete loss of their investment and who have no need for immediate liquidity in their investment. No offer will be made to any potential purchaser until such status is confirmed.
The Firm's services are designed to integrate with the services provided by its clients' other financial, legal and tax advisers, not to replace their services. The Firm advises its clients from time to time on non-investment related matters, but clients must rely on their other professional advisers for final approval and/or implementation of non-investment matters.
ADVICE MAY DIFFER
You understand and agree that we act as an investment adviser for numerous clients and will continue to do so. We and our personnel may make recommendations and take action for various clients that may differ from the recommendations we give to you or the action we take on your behalf. In addition, our personnel may take actions for their own accounts based on their own investment situations that differ from the recommendations we give you or actions we take on your behalf.
FORWARD LOOKING STATEMENTS
Certain of the Content displayed on the Website may contain “forward-looking statements”, which can be identified by the use of forward-looking terminology such as “may”, “will”, “should”, “expect”, “anticipate”, “project”, “estimate”, “intend”, or “believe” or the negatives thereof or other variations thereon or comparable terminology. You confirm your understanding that, due to various risks and uncertainties, including as a result of changes in facts, assumptions not being realized or other risks, uncertainties and factors, actual events and results may differ materially from those reflected or contemplated in the Content.
POTENTIAL CLIENTS / INVESTORS
You acknowledge that any of your requests for information are unsolicited and any information shall neither constitute nor be construed as investment advice from the Firm to you or to form an investment advisory relationship, or any other client relationship between you and the Firm or any of its affiliates or employees. The Firm strongly recommends that you seek outside advice from a qualified securities professional. The Firm does not guarantee the suitability or potential value of any particular investment or information source. The Firm may now or in the future, whether on its own behalf or on behalf of one or more of its clients, invest in or otherwise hold an interest in various investments that may be discussed on the Website.
PAST PERFORMANCE IS NOT COMPARABLE
Past performance does not indicate future returns. The performance results that may be presented on this Website may not have been compiled, reviewed or audited by an independent accountant. Results for the current year are based on the internal books and records of each fund and are subject to adjustment when that fund's financial statements for the current year are audited.
Market indices and benchmarks may be included within various reports, proposals, and other materials presented on or delivered through the Website for comparative purposes, but only as examples of general market performance. Unlike these indices and benchmarks, results for individual investments and portfolios displayed on the website may contain options (including covered and uncovered puts and calls) and other derivative securities, futures and other commodity interests and currencies, and may include short sales of securities, margin trading, securities of smaller capitalization companies and types of securities that are different than those reflected in these indices and benchmarks, and is not as diversified as these indices and benchmarks. Due to the differences between the composition of a client’s portfolio and these indices and benchmarks, the Firm cautions investors and potential clients that no such index or other benchmark is directly comparable to any investment managed by the Firm. Reports, proposals, and other materials presented on or delivered through the Website may contain additional notes, cautions and disclaimers applicable to such materials.
As a condition to your use of the Website, you represent and warrant to, and agree with, the Firm that, all of the information that you provide shall be truthful, accurate and complete.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE AND SERVICES 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, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY THE FIRM OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION, SOFTWARE AND SERVICES.
THE FIRM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS.
THE FIRM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE FIRM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE 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 THE SITE. IN NO EVENT SHALL THE FIRM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, 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, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE FIRM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OWNERSHIP OF CONTENT
The Firm values its clients and respects their privacy. Therefore, we do not sell or rent to third parties information you provide us via the Website. As described herein, we do collect certain information in an effort to improve our clients’ use of this Website. The Firm recognizes that it must maintain and use client information responsibly.
NO UNLAWFUL OR PROHIBITED USE
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication, data provider, 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 services, analysis or recommendations of the Firm or that the Firm endorses, recommends or approves the services or products of such companies.
LINKS TO THIRD PARTY WEBSITES
The Website may contain hyperlinks to websites operated by parties other than the Firm, which the Firm may not have screened or reviewed and which may contain inaccurate material, products or services. Although the related Content has been obtained from, or is based on, sources believed by the Firm to be reliable, the Firm does not control such websites, and the Firm assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. The Firm's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
MODIFICATION AND MONITORING OF WEBSITE
TERMINATION AND CANCELLATION
JURISDICTIONAL ISSUES AND APPLICABLE LAW
Unless otherwise specified, the Firm controls and operates the Website from its offices within the State of Texas, United States of America.
The Firm does not claim that materials in the Website are appropriate or available for use in locations other than the United States of America. If you choose to access the Website from other locations, 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, telephone and wireless devices.