|
D5 ADVISORS DISCLAIMERS AND COPYRIGHT INFORMATION
D5 ADVISORS WEB SITE TERMS OF USE
AGREEMENT BETWEEN USER AND D5 ADVISORS
This web site is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this web site constitutes your agreement to all such terms, conditions, and notices.
GENERAL
This agreement is governed by the laws of the State of Connecticut, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Fairfield County, Connecticut, in all disputes arising out of or relating to the use of this web site. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and D5 Advisors as a result of this agreement or use of this web site.
D5 Advisors' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of D5 Advisors' right to comply with law enforcement requests or requirements relating to your use of this web site or information provided to or gathered by D5 Advisors with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the user and D5 Advisors with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and D5 Advisors with respect to this web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this web site.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this web site are ©1996-2007 D5 Advisors, Inc. and/or its suppliers.
NO SECURITIES OFFERING
The funds advised by D5 Advisors are not offered through this web site. Such an offer may only be made after you have received an Offering Circular concerning a fund and have had the opportunity to discuss all matters concerning any prospective investment that you desire. This web site does not provide all information material to an investor's decision to invest in any of these hedge funds, including, but not limited to, risk factors. Past performance is not indicative of future returns. For more information, please refer to a fund's Offering Circular and read it carefully before you invest.
PAST PERFORMANCE IS NOT COMPARABLE
The performance data reflected on this web site reflect the reinvestment of dividends and other earnings, and net figures reflect the deduction of fees and incentive allocations. Past performance is not indicative of future returns. D5 Advisors believes that the comparison of its performance to a single market index is inappropriate because the funds' portfolios may contain options and other derivative securities, may include short sales of securities and margin trading and may not be as diversified as the market indices reflected in this web site. Due to the differences among the funds' portfolios and the performance of the equity market indices included above, D5 Advisors cautions potential investors that no such index is directly comparable to the results of any fund that it advises.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. D5 ADVISORS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS .
D5 ADVISORS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. D5 ADVISORS 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. IN NO EVENT SHALL D5 ADVISORS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF D5 ADVISORS 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.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site, you warrant to D5 Advisors, Inc. that you will not use this web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD-PARTY SITES
This web site may contain hyperlinks to web sites operated by parties other than D5 Advisors. Such hyperlinks are provided for your reference only. D5 Advisors does not control such web sites, and is not responsible for their contents. D5 Advisors' inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
MODIFICATION OF THESE TERMS AND CONDITIONS
D5 Advisors reserves the right to change the terms, conditions, and notices under which this web site is offered.
|
