Please read this user agreement (the “User Agreement”) carefully before using this website (together with all content contained thereon or any pages linked thereto, the “Website”). By accessing or using the Website you are agreeing that you have read, understand and accept the terms and conditions of this User Agreement, will abide by this User Agreement, agree to the limitations herein and are legally bound by this User Agreement without limitation or qualification, which you will confirm by clicking “I Agree” at the end of this User Agreement. If you do not agree with any provisions of the User Agreement, do not use the Website or save, reference or download anything from it. Aqueduct Capital Group, LLC or any of its affiliates (collectively, “Aqueduct”) reserves the right to change, modify, add or remove portions of this User Agreement or any content posted on the Website at any time without notice and without liability. By using the Website after Aqueduct has posted changes, you are agreeing to be bound by the User Agreement as amended. You should review this User Agreement periodically for changes. At any time and for any reason Aqueduct may terminate or suspend your right to use all or any portion of the Website.
Restrictions on Use
By accessing any part of this Website, you agree, represent and warrant that you (a) have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement; (b) have the skills and equipment necessary to access and use this Website; (c) shall not access or attempt to access any part of this Website that is addressed to any person, other than yourself, who has obtained a password from Aqueduct; (d) shall not disseminate, share or transmit the information contained herein or permit any other person to access this Website who is not so authorized by Aqueduct; (e) shall not use this Website in such a way that disrupts, interferes with or restricts the use of this Website by other users; (f) shall not upload, display or transmit any materials through this Website which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world; (g) shall not reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of this Website or attempt to transmit to or via this website any information that contains a virus, worm, trojan horse or other harmful or disruptive component; and (h) shall not change, modify, delete, interfere with or misuse data contained on this Website and entered by or relating to any third party user of this Website.
This Website is designed to be accessed through its principal home pages and such other pages as Aqueduct may decide. If you access this Website through individual pages directly, which are not designed for this purpose, you may not see important information that is relevant to the content of this Website.
Links to Third Party Sites
The Website may contain links to sites owned and operated by other parties. We are not responsible for and have no control over the privacy policies of those sites. We encourage you to review the privacy policies of those sites prior to providing them with any information.
Disclaimers
Nothing contained on the Website constitutes investment, legal, accounting or tax advice. Neither any of the information available on the website (the “Website Information”), nor any opinion contained in the Website constitutes a solicitation or offer by Aqueduct or any fund or entity managed by any third-party manager engaged with Aqueduct (each a “Manager”), to buy or sell any securities or financial instruments. You are solely responsible for decisions based on Website Information, and as consideration for access to the Website, you agree to hold Aqueduct and each Manager and each of their respective affiliates harmless from and against any claims of any nature whatsoever for damages arising from any decisions that you make based on such information. Those who access this Website do so at their own initiative and are responsible for compliance with any laws or regulations applicable to them.
The Website Information and the Website itself are provided “as is” and “as available” without any warranty of any kind. Aqueduct makes no representations or warranties with respect to the Website Information or the Website itself. To the fullest extent permitted by law, Aqueduct hereby expressly disclaims any and all express or implied representations and warranties of any kind to you and/or any third party including, without limitation, any warranty as to merchantability or fitness for a particular purpose, non-infringement, the use or inability to use the Website, or the correctness, quality, accuracy, reliability, performance, completeness, timeliness or continued availability of the Website. Without limiting the foregoing, Aqueduct makes no representation or warranty that the Website, including the Website Information, will conform to any description thereof or perform any desired operations or functions, be uninterrupted or error-free, or be free of viruses, worms, trojan horses or other disabling or harmful components.
You acknowledge that if you rely on any Website Information, you do so at your sole and exclusive risk. Aqueduct takes reasonable efforts to ensure that the Website is secure but does not guarantee the security of the Website.
Website Information
THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE OF ANY MANAGER OR FUND ADVISED BY ANY MANAGER IS NOT INDICATIVE OF FUTURE PERFORMANCE. NO REPRESENTATION IS BEING MADE THAT ANY INVESTMENT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE ACHIEVED IN THE PAST, OR THAT SIGNIFICANT LOSSES WILL BE AVOIDED.
[The performance results contained herein are provided net of fees and expenses payable by clients to the managers of such funds and accounts, and include reinvestment of dividends, interest and other earnings. Affiliates of Managers may manage other funds and accounts, the results of which may not be shown here.]
[The returns of several market indices are provided for comparison purposes only and such comparison does not mean that there will necessarily be a correlation between the investment returns and these indices. Such indices are unmanaged and are not subject to fees and expenses, including transaction costs typically associated with funds and managed accounts. Investments cannot be made directly in indices and such indices may re-invest dividends and income.]
The Website, including the Website Information, is produced for informational purposes only and shall not serve as the basis for any of your investment decisions. Any investment returns or estimates, forward-looking statements, forecasts or indications of past performance are for informational purposes only, may not be current and may not be indicative of future performance. Such information does not constitute an offer, solicitation or recommendation with respect to the purchase or sale of any securities, investments or other property. Any transactions referenced on this Website are included as representative transactions and are not necessarily reflective of overall performance.
All materials accessible through the Website must be considered in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, and copyright or proprietary notices. Any such disclaimers, restrictions, disclosures or notices are deemed incorporated in the portion of any Website Information that you review or download.
Despite the reasonable efforts of Aqueduct to provide accurate information on the Website, Website Information may not be properly updated or corrected, even if Aqueduct is aware that such information is inaccurate, outdated or otherwise inappropriate. Any dated Website Information is operative only as of the indicated date. To the extent any Website Information is contributed by a third party, Aqueduct does not warrant the accuracy of any facts or information provided by, or endorse the opinions of, such third parties.
You agree that you will not forward or distribute any of the Website Information to any other person or copy the Website Information in any manner whatsoever, in each case, without Aqueduct’s prior written consent. Any distribution, forwarding or copying of the Website Information, in whole or in part, without Aqueduct’s prior written consent is unauthorized and strictly prohibited.
Passwords
Access to certain parts of the Website requires a password. If you have been issued a password for access to non-public areas of the Website, you are solely responsible for maintaining the confidentiality and security of your password and with respect to activities that occur in connection with the use of your password. You may not disclose your password to any third party or provide any third party with access to the Website Information. Accordingly, you should take steps to protect the confidentiality of your password. Notify Aqueduct immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.
Limitation of Liability; Indemnification
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AQUEDUCT AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS, AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE.
To the fullest extent permitted by applicable law, under no circumstances will Aqueduct be liable to you or any third party for any loss, damage or injury (including, without limitation, any loss, damage or injury caused, in whole or in part, by Aqueduct or its affiliates with respect to any Website Information) in contract, tort (including, but not limited to, negligence), strict liability or otherwise. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL AQUEDUCT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST OPPORTUNITY, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF AQUEDUCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF AQUEDUCT AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) EXCEED $100.
You agree to indemnify, defend and hold Aqueduct and its affiliates harmless from any loss, damage or injury (including reasonable attorneys’ fees) suffered, incurred or asserted as a result of (a) any use or misuse by you of the Website, (b) any actions related to your receipt and use of the Website Information, whether or not authorized, (c) any infringement by you of any of Aqueduct’s intellectual property rights, (d) your breach of any of the provisions contained in this User Agreement, (e) your violation of any applicable law, legislation or of any third party’s rights and (f) claims asserted by third parties which, if proven, would place you in breach of any of the provisions contained in this User Agreement.
Some jurisdictions may provide rights in addition to those above or may not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you, or there may be provisions of applicable law that supersede the above.
Jurisdictional Issues
Aqueduct makes no warranties that materials on this Website are appropriate or available for use in countries other than the United States. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access the Website from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. The information provided in or accessible through the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Aqueduct, any Manager or any of their respective affiliates to any registration or other requirement within such jurisdiction or country.
Miscellaneous; Termination; Governing Law; Consent to Jurisdiction
No waiver by Aqueduct or any of its affiliates of any right under or term or provision of this User Agreement will be deemed a waiver of any other right, term or provision of this User Agreement at that time or a waiver of that or any other right, term or provision of this User Agreement at any other time. Aqueduct may assign this User Agreement in whole or in part at any time without your consent. You may neither assign this User Agreement nor delegate any of your obligations under this User Agreement. Any portion of this User Agreement declared invalid is severable and shall not affect the validity or enforceability of the remainder of the User Agreement. This User Agreement represents the entire agreement between Aqueduct and you relating to the subject matter hereof. Aqueduct may terminate this User Agreement with or without cause at any time.
THE TERMS OF THIS USER AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
Questions and Complaints
Any questions or complaints should be directed to Aqueduct Capital Group:
Attn: Compliance Officer | Aqueduct Capital Group | 2820 Selwyn Avenue | Suite 550 | Charlotte NC 28209
Email Disclaimer
This message may contain confidential information. If you are not the intended recipient of this message, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. If you have received this message in error, please immediately notify us by telephone at 704.973.9925 or e-mail and erase this message along with any attachments. The information contained herein (or attached hereto) is not intended to be, nor should it be construed or used as, an offer to sell, or a solicitation of any offer to buy, any security. No offer or solicitation of a security may be made prior to the delivery of a definitive offering memorandum. Before making an investment in a security, prospective investors are advised to thoroughly and carefully review the applicable definitive offering memorandum (and the exhibits thereto) with their financial, legal and tax advisors to determine whether an investment is suitable for them. Thank you.