PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THE HEDGE CONNECTION WEB SITE AT WWW.HEDGE CONNECTION.COM AND ANY PAGES THEREOF ("WEBSITE") OWNED OR OPERATED BY HEDGE CONNECTION INC. OR ITS AFFILIATES ("HEDGE CONNECTION", “WE” OR “US”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE, OR ANY OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE, OR WHEN PRESENTED WITH CLICK THROUGH BUTTONS, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON. BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF OR IF PRESENTED WITH CLICK THROUGH BUTTONS, YOU CLICK THE "I ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND UNDERSTAND THEM AND AGREE TO BE BOUND BY THEM. IT IS THE EQUIVALENT OF MANUALLY SIGNING A PAPER COPY AND ENTERING INTO A LEGALLY BINDING CONTRACT BETWEEN YOU AND HEDGE CONNECTION OR YOU, YOUR FIRM AND HEDGE CONNECTION, IF APPLICABLE. In turn, you represent and warrant that you are authorized to execute this contract on behalf of your firm, corporation, organization or other entity and you intend for same to be legally bound by this contract.
This Website provides a platform for Funds (defined below) and investors to interact with each other, including without limitation, providing investor information and profiles, articles, newsletters, Fund manager profiles and interviews, on-line advertising space for service providers in the private investment funds industry, and any other services which we may provide from time to time through the Website (collectively, the “Services”). There are portions of this Website that we make available to Users in the general public without registering and you may visit or browse those portions without charge; provided, however, you are required to comply with these Terms and Conditions of Use. There are other features of this Website, that we make available only to Users who register to use this Website, which you may do at no cost by visiting, for investors, https://hedgeconnection.com/atlas/inv_reg_01.php and for managers or representatives of hedge funds, private investment funds or alternate investment vehicles registering for the fund membership (“Fund”), https://hedgeconnection.com/atlas/hedgeReg2.php. However, if you are a service provider registering for the service provider membership (“Service Provider”) or a Fund registering for certain Fund membership categories on the Website, to access and use certain features and/or receive certain Services on this Website, you are required to both register and pay a subscription fee. Your registration and application is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your registration for any reason or no reason. For example, If you are a prime broker for Funds (“Prime Broker”), in order to access certain Services on this Website, you may be required to enter into a separate agreement with us and pay a subscription fee. Notwithstanding whether you are an investor, Fund, Service Provider, Prime Broker or general user or visitor to the Website, your use and access to the Website are governed by these Terms and Conditions of Use.
In registering, you agree to provide, maintain, and update information that is true, accurate, current and complete about yourself (and your firm, if you represent a firm) at the time of registration and on an ongoing basis. If, you do not provide such information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of this Website. During the registration process or through another means, you will be designated a username and password. In consideration of being granted a username and password and permitted access to the Website, you hereby acknowledge having read and understood these Terms and Conditions of Use and agree to be bound hereby. Subsequent use of any username and password issued by Hedge Connection shall be deemed to constitute full acceptance by you of these Terms and Conditions of Use. You are responsible for maintaining the confidentiality of your username, password and account information, and are responsible for all activities that occur and financial liabilities incurred under your username and password, whether or not authorized by you. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Hedge Connection reserves the right to revise or remove any part of these Terms and Conditions of Use, in its sole discretion, at any time, and without prior notice to you, by updating this posted version of the Terms and Conditions of Use. You are responsible for regularly reviewing this Website for changes to these Terms and Conditions of Use. Any changes are effective upon posting to this Website. IF YOU ARE DISSATISFIED OR DISAGREE WITH ANY CHANGES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE AND SERVICES. Your continued use after a change has been posted constitutes your acceptance of those changes.
The unauthorized use of the Website, including but not limited to, unauthorized access to the Website, other Users’ accounts, or other computers or websites connected or linked to this Website, and misuse of passwords, or misuse of any Content (defined below) posted on the Website is strictly prohibited. The User's eligibility for access to and use of the Website and Content (defined below) is subject to final determination and approval by Hedge Connection.
You acknowledge and agree that any and all content, information, data, text, music, sound, graphics, software, code, video, audio, feedback, documentation, photographs, discussions, news, articles, messages, postings, listings, advertisements, marketing, and other materials, available, displayed on, posted to, transmitted or distributed through the Website by Hedge Connection or Users, including in chat rooms and on discussion boards ("Content"), are the sole responsibility of the person from which such Content originated and is viewed and used by you at your own risk. Under this Agreement, “Users” mean you, investors, managers or representatives of Funds, Prime Brokers, Service Providers, members, customers, and any other persons visiting this Website. The views expressed by you and other Users of the Website or Services do not necessarily reflect the views of Hedge Connection.
Use of the Internet is solely at your own risk and is subject to all applicable Laws (defined below). Hedge Connection has attempted to create a secure and reliable Website, however, it is important to be aware that the confidentiality or privacy of any communication and Content transmitted to or from the Website and over the Internet cannot be guaranteed. In this regard, the User acknowledges and agrees that, to the extent the provision of Services through the Website is dependent on the use of the Internet, the provision of Services may be adversely affected by, among other risks, breaches in security, temporary loss of Services, delays in Services and/or inconsistent quality of Services, loss of data and/or business interruption, and uncertain legal, regulatory and tax issues concerning the use of the Internet, all of which risks are beyond Hedge Connection’s control. In the event of the occurrence of any such risk, Hedge Connection shall not be liable for any losses, damages, costs or expenses of any nature incurred by the User or any other person in connection therewith.
Hedge Connection assumes no responsibility for the transmission, deletion or failure to store Content or other information submitted by you or other Users to Hedge Connection. Although certain portions of this Website may be restricted to only authorized persons, Hedge Connection shall have no liability if unauthorized persons nevertheless obtain access.
The right of Hedge Connection’s registered Users to use this Website and the Content that is available on or through this Website constitutes a license. The registered User is provided with a limited, revocable, nonexclusive, nontransferable license to this Website conditioned upon the registered User's continued compliance with the Terms and Conditions of Use herein and as amended from time to time. You may view, download and print information and materials on this Website for your personal and internal business use provided that all hard copies contain all copyrights and trademarks, and other applicable intellectual property and proprietary marks and notices and that any other use of information and materials published on the Website without the prior written approval of Hedge Connection is strictly prohibited. You may not reproduce, republish, upload, post, modify, copy, alter, distribute, sell, resell, transmit, transfer, decompile, license, assign or publish, in any way, any Content obtained from this Website. You may not sell, lease or rent access to or use of the Website or the Services. You shall not use this Website at any time for any purpose that is unlawful or prohibited and shall comply with any applicable local, state, national or international statutes, rules, regulations, ordinances, decrees, laws, codes, orders, regulations, or treaties (“Laws”) when using this Website, Services and Content.
You grant to us a worldwide, perpetual, irrevocable and royalty-free license (with the right to sublicense), to use, reproduce, adapt, transmit, translate, modify, upload, resell, copy, create derivative works of, publish, distribute and display Content provided, posted, uploaded, or transmitted to Hedge Connection by you in any media now known or hereafter developed, including without limitation, any ideas, concepts, know-how or techniques contained in information you provide to Hedge Connection through the Website. By posting or transmitting Content on the Website or through any of the Services, you warrant and represent that you are the sole owner of such Content or have all rights necessary to post, display, transmit, upload, distribute, resell, copy, create derivate works of, or reproduce such Content and to grant the rights and licenses hereunder to us.
Hedge Connection, its logos, and other trademarks, trade names, trade secrets, copyrights, patents and all other intellectual property and proprietary rights (“Intellectual Property”) included or displayed on the Website that identify Hedge Connection services and products are owned by Hedge Connection. The use of such Intellectual Property without the express written consent of Hedge Connection is strictly prohibited. Copyright in the pages and in the screens of the Website, the design, layout, “look and feel” and compilation of the Website, and in the Content therein, is proprietary material owned by Hedge Connection unless otherwise indicated. The unauthorized use or misappropriation of any Content and Intellectual Property on the Website may violate numerous Laws, including, but not limited to, Intellectual Property Laws.
The Website, Content, Services and any necessary software used in connection with the Services or the software available for download on the Website (if any) (“Software”) contain proprietary and confidential information that is protected by applicable Intellectual Property and other Laws and, as between you and us, we own all right, title and interest in and to the Website, the Services, the Content (except to the extent such contains Content provided by you) and the Software. All design rights, databases and compilation and other intellectual property rights associated with this Website, in each case whether registered or unregistered, and related goodwill are proprietary to Hedge Connection. You acknowledge and agree that use of all Software downloaded or otherwise accessed from the Website is subject to the license agreements that are displayed or referenced when you access such Software.
You may not sell, distribute or commercially exploit the database located on or the results of any database search performed on this Website. You may make a limited number of hard copies of any search output that does not contain a significant segment of a database, for your personal or internal business use only.
Nothing under this Agreement grants you any rights to the Website, Services, Content, Software or Intellectual Property, including intellectual or proprietary rights, except for the limited rights expressly granted in Section 5 hereof, and all rights not specifically granted in this Agreement are reserved by Hedge Connection.
In the course of your use of the Website and Services, you will be asked to provide certain information to us, and we may collect certain information about you. Our use of information you provide or otherwise collected by us through the Website or the Services are governed by our Privacy Policy available at https://hedgeconnection.com/atlas/privacy.php We urge you to read our Privacy Policy. If you are an investor, you hereby acknowledge and understand that the personal information that you provide to Hedge Connection, including contact information, may be disclosed by Hedge Connection to Funds that subscribe to the Website, and you hereby grant your consent to such disclosure and to be contacted directly by representatives of such Funds.
Hedge Connection is not a Broker/Dealer or registered investment advisor under United States federal securities Law or securities Laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or suitability of any investment manager. The hedge funds, private investment funds or alternative investment vehicles described on the Website may not have been registered under the federal securities laws of the United States, the securities laws of any state, or the laws of any other jurisdiction. Nothing in the Website constitutes an offer or solicitation to buy or sell any securities. The Content on this Website has been prepared for informational purposes only and do not constitute legal, financial, accounting, investment, tax or other professional advice, and you should consult with a financial advisor and legal and tax professionals to assist in conducting due diligence as may be appropriate prior to making any investment decision or hiring any investment manager. Hedge Connection shall not have any liability for any reliance on, interpretation or analysis of, or investment decisions, action or inaction based upon information obtained from the Content provided on the Website.
Your transactions, interactions, correspondence, and relationships with other Users of the Website or Services, including relying on the Content posted, provided or transmitted by another User or procuring the goods or services offered by another User, and any other terms or conditions associated with such matters, are solely between you and such other Users. YOU AGREE THAT HEDGE CONNECTION IS NOT, AND CAN NOT, BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY CLAIMS, LIABILITIES, COSTS, EXPENSES, LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO ANY SUCH MATTERS AND TRANSACTIONS. Hedge Connection is not directly or indirectly a party to, participant in and does not monitor, any such matters and transactions between Users of the Website or Services, and your involvement with any such matters is solely at your own risk.
The User represents and warrants that it will make its own evaluation of the creditworthiness, suitability, reliability, and desirability of each User or third party with which it enters into transactions or interacts with as a counterparty or agent, and that it is not relying, and will not rely, on Hedge Connection for any information as to the creditworthiness, suitability, reliability, or desirability of any such User or third party.
User agrees that Hedge Connection, for any reason or no reason, in its sole discretion, may terminate or suspend your access and use of the Website, Content, or Services, in whole or in part, at any time, without notice if Hedge Connection believes that you have violated or acted inconsistently with terms or spirit of the Terms and Conditions of Use. Hedge Connection may, in our sole discretion and without notice to you, terminate, change, suspend or discontinue, in part or in whole, any feature or other aspect of the Website and/or the Services. Furthermore, you agree that Hedge Connection shall not be liable to you or any third party for any termination or suspension of your access to the Website or Services offered through the Website or for any modification, suspension or discontinuance of the Services.
As a condition of your use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use and other conditions and notices on the Website. User shall not use the Website in any manner that could damage, disable, impair or interfere with any other User's use of the Website, Services and Content. You may not attempt to gain unauthorized access to the Website through hacking or any other unauthorized means. You may not attempt to obtain or obtain any Content through any means not intentionally made available to the User through the Website.
Hedge Connection compiles Content provided to it by the Users. Hedge Connection has no obligation to verify, monitor, screen, remove, edit, update, or keep current the communication and Content on the Website. However, Hedge Connection reserves the right to review or screen Content posted to the Website and to remove, edit, or refuse to post any Content. From time to time, information, including news, company reports and other data, prepared by outside parties (non-affiliates of Hedge Connection) may appear on the Website. By accepting these Terms and Conditions of Use, you acknowledge that such third party information is for your personal or internal business use only and that you will not retransmit or republish it in any form. You acknowledge that any such third party information is provided solely on a reasonable efforts basis for your convenience, and that no representations, warranties or guarantees are made by Hedge Connection or any provider of such third party information as to the accuracy, completeness, timeliness or correct sequencing thereof. Third party information has been prepared as of the date(s) indicated and may become unreliable because of subsequent market or economic circumstances. Neither Hedge Connection nor the provider of such information is under any obligation to update such information or continue to offer such information.
This Website may contain links to websites controlled or offered by third parties. Hedge Connection hereby disclaims all liability for any and all data, information, materials, products or services posted or offered at any of the third party sites linked to this Website ("Linked Website"). The Linked Websites and links to same are provided merely as a convenience and Hedge Connection shall not be responsible or liable, directly or indirectly, for any loss, damage, claims, costs and expenses caused or alleged to be caused by or in connection with access to, use of or reliance on a Linked Website. By having a Linked Website, Hedge Connection does not recommend, sponsor, or endorse any Content, opinions, advice, products or services offered or posted at that Linked Website. You agree that Hedge Connection is not responsible for the availability or reliability of such Linked Websites or for the quality or failure of any products or services available or advertised on such Linked Websites. User acknowledges that Hedge Connection shall not be responsible for the accuracy, reliability, completeness, truthfulness, currency, copyright or trademark compliance, legality, or decency of any information, data, or materials contained in a Linked Website nor any link contained in a Linked Website. User is fully responsible for viewing and following the terms of use and privacy statements at the Linked Websites.
User acknowledges that by accepting the Terms and Conditions of Use, you consent to receive notice by means of e-mail to the User' e-mail address on record with Hedge Connection, or by means of written communication sent through first class mail to the User's mailing address on record with Hedge Connection. User confirms that User's computer satisfies the hardware and software requirements for receiving, displaying and storing e-mail transmissions. Notice shall be deemed given when sent by e-mail or one day following the sending of notice by first class mail.
THIS SITE IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT CONTAINED IN THE HEDGE CONNECTION SITE, INCLUDING LINKS OR OTHER ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE". HEDGE CONNECTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FREEDOM FROM COMPUTER VIRUS. HEDGE CONNECTION DOES NOT WARRANT THE ACCURACY, RELIABILITY, CURRENCY, ADEQUACY OR COMPLETENESS OF THE CONTENT AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
HEDGE CONNECTION MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, (A) THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (B) THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, ACCURATE OR RELIABLE, OR (C) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR THE SERVICES. CHANGES ARE PERIODICALLY MADE TO THE SITE AND TO THE CONTENT CONTAINED THEREIN. HEDGE CONNECTION MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. NO ADVICE, RECOMMENDATION, OPINION, OR INFORMATION OF ANY KIND, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM HEDGE CONNECTION OR THROUGH THE SERVICES OR SITE CREATES ANY REPRESENTATION OR WARRANTY.
User (and User's Fund, if User is a representative of a Fund) jointly and severally agree to indemnify and hold harmless Hedge Connection, its directors, officers, shareholders, partners, affiliates, agents, representatives, predecessors, successors and assigns, agents, and information providers, from and against any and all claims, demands, proceedings, damages, liabilities, costs, losses, expenses, penalties, and interests, including, without limitation, reasonable attorney’s fees, in any way arising from or in connection with your use or access to the Website or Services, your breach of the Terms and Conditions of Use, your improper act or omission or the posting or transmission of any Content or other materials on or through the Website or Services by you, including, but not limited to, any third party claim that such Content (or any part thereof) infringes any Intellectual Property rights of a third party, defames or invades any right of publicity or privacy, or otherwise infringes any other proprietary right.
NO JOINT VENTURE, PARTNERSHIP, SHAREHOLDER, EMPLOYMENT OR AGENCY RELATIONSHIP EXISTS BETWEEN HEDGE CONNECTION AND YOU AS A RESULT OF AGREEING TO THESE TERMS AND CONDITIONS OF USE AND UTILIZATION OF THE SITE.
This Website is not intended for children under the age of 18. If you are under 18 years of age, please do not use or access this Website at any time or any manner. By using this Website, you affirm that you are over the age of 18. Hedge Connection does not seek through this Website to gather personal information from or about persons under the age of 18.
You acknowledge and agree that any and all comments, suggestions or feedback (collectively, “Feedback”) you choose to provide to Hedge Connection regarding the Website or Services may be used by Hedge Connection, at its discretion, in any manner, without liability or obligation (including, without limitation, monetary compensation) to you. You agree and hereby assign to Hedge Connection all rights, title and interest, worldwide, including, without limitation, all intellectual property rights, in and to such Feedback.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information in writing to the Copyright Agent named below:
Our Copyright Agent is: Mark Schneider ? Dinsmore & Shohl LLP 2701 Troy Center Drive, Suite 330 Troy, Michigan 48084
We control and operate the Website from our offices in the State of New York, United States of America. We do not make any representations or warrant that the Services or Content on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative.
You agree to comply with all local Laws applicable to (a) your access to and use of the Website, Content, and the Services, (b) your online conduct, (c) Content provided by you, and (d) your transmission of technical data exported from the United States or the country in which you reside. Access to this Website from jurisdictions or territories where the Contents of this Website are illegal or penalized is prohibited. Hedge Connection has no obligation to provide access to the Website and Services and reserves the right to not approve the registration application of a User accessing the Website from such jurisdictions or territories.
Please report any violations of these Terms and Conditions of Use to Lisa Vioni at 914-222-9333 or lvioni@hedgeconnection.com
If any provision of this Agreement or the Hedge Connection Privacy Policy shall be held invalid or unenforceable to any extent, the remainder of this Agreement and the Privacy Policy shall not be affected and shall be enforced to the extent permitted by Law.
Certain sections or pages on the Website may contain separate terms and conditions, which are in addition to these Terms and Conditions of Use. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Nothing contained herein shall supersede, alter or nullify the terms of any other agreements a User has made or will make with Hedge Connection.
All applicable Federal laws of the United States or America and the laws of the State of New York shall govern use of this Website and Agreement without giving effect to the conflict of laws provisions thereof, other than New York General Obligations Law Sections 5-1401 and 5-1402. You hereby acknowledge and agree that Hedge Connection may be harmed irreparably by any violation of this Agreement and that Hedge Connection shall be entitled to injunctive relief to enforce this Agreement. You hereby agree to waive any requirement for the securing or posting of any bond in connection with such remedy.
You agree that regardless of any Law to the contrary, any claim or cause of action arising out of or related to use of the Services, Website or these Terms and Conditions of Use must be filed within two (2) years after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.
We may assign or delegate our duties under this Agreement either in whole or in part, at any time, at our sole discretion, and without your consent. You may not assign or otherwise transfer the Terms and Conditions of Use or any of your rights or obligations under the Terms and Conditions of Use without Hedge Connection’s express written consent.
Provisions of these Terms and Conditions of Use which, by their nature, are intended to survive, will survive any termination of your use of or membership in the Website or Services, including without limitation Sections 5 to 9, 11 to 19, 21, 23, and 25 to 28.
This Terms and Conditions of Use, Hedge Connection Privacy Policy, and any other agreement between User and Hedge Connection, represent the entire agreement between Hedge Connection and the User with respect to the use of Content available on or through this Website, and the entire agreement supersedes any and all previous agreements, representations, warranties, statements, promises and understandings, whether oral, written or by electronic means.