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TERMS OF USE of AIRLIEGROUP.COM
PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES
THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU
DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE,
OR ANY PAGES THEREOF.
THE MATERIALS HEREIN ARE INTENDED SOLELY FOR THE RECIPIENT OF THE PASSWORD AND NEITHER THE MATERIALS ON THIS SITE NOR THE PASSWORD MAY BE TRANSMITTED (IN ANY FORM) TO ANY OTHER PERSON WITHOUT AIRLIE GROUP'S CONSENT. THIS PASSWORD-PROTECTED WEB SITE GENERALLY MAY ONLY BE ACCESSED BY EXISTING CLIENTS OF AIRLIE GROUP AND PROSPECTIVE CLIENTS OF AIRLIE GROUP WHO ARE QUALIFIED AS TO BOTH SUITABILITY AND NET WORTH AND WITH WHOM AIRLIE GROUP OR THE FUNDS IT MANAGES HAS A SUBSTANTIVE PREEXISTING RELATIONSHIP. THE INVESTMENT FUNDS AND THE MANAGERS REFERRED TO HEREIN MAY ONLY TRANSACT BUSINESS IN YOUR STATE OR JURISDICTION IF FIRST REGISTERED, EXCLUDED OR EXEMPTED FROM APPLICABLE BROKER-DEALER, INVESTMENT ADVISER, BD AGENT, IA REP, OR OTHER RELEVANT REGISTRATION REQUIREMENTS. FOLLOW-UP, INDIVIDUALIZED RESPONSES TO PERSONS IN YOUR STATE OR JURISDICTION BY SUCH FUNDS OR MANAGERS THAT INVOLVE EITHER THE EFFECTING OR ATTEMPTING TO EFFECT TRANSACTIONS IN SECURITIES, OR THE RENDERING OF PERSONALIZED INVESTMENT ADVICE FOR COMPENSATION, AS THE CASE MAY BE, WILL NOT BE MADE ABSENT COMPLIANCE WITH APPLICABLE BROKER-DEALER, INVESTMENT ADVISER, BD AGENT, IA REP OR OTHER RELEVANT REGISTRATION REQUIREMENTS, OR AN APPLICABLE EXEMPTION OR EXCLUSION.
THE INFORMATION ON THIS WEB SITE IS NOT AN OFFER TO SELL OR SOLICITATION OF AN OFFER TO BUY AN INTEREST IN ANY INVESTMENT FUND OR FOR THE PROVISION OF ANY INVESTMENT MANAGEMENT OR ADVISORY SERVICES. ANY SUCH OFFER OR SOLICITATION WILL BE MADE ONLY BY MEANS OF DELIVERY OF A CONFIDENTIAL PRIVATE OFFERING MEMORANDUM RELATING TO A PARTICULAR FUND OR INVESTMENT MANAGEMENT CONTRACT TO QUALIFIED INVESTORS IN THOSE JURISDICTIONS WHERE PERMITTED BY LAW.
1. Copyright.
Copyright © AIRLIE OPPORTUNITY FUNDS. All Rights Reserved. Copyright in
the pages and in the screens displaying the pages, and in the information
and material therein and in their arrangement and "look and feel" (collectively,
the "Site"), is owned by AIRLIE OPPORTUNITY FUNDS or its affiliates ("AIRLIE
GROUP") unless otherwise indicated. AIRLIE GROUP expressly authorizes
each authorized user to copy electronically or print in hard copy the
documents published on the Site for internal reference purposes or other
non-commercial, personal use, but not for any other use.
2. Username and Password.
AIRLIE GROUP makes the Site available only to its clients and other persons
expressly authorized by AIRLIE GROUP. The Site contains confidential,
nonpublic information and is intended only for the use of the individual
or entity that has been specifically authorized to view the information.
In consideration of being granted a username and password and permitted
access to the Site, the user hereby acknowledges having read and understood
these Terms of Use and agrees to be bound hereby. Subsequent use of any
username and password issued by AIRLIE GROUP shall be deemed to constitute
full acceptance by the user of these Terms of Use. AIRLIE GROUP reserves
the right to change the terms, conditions, and notices under which this
site is offered. All materials on this site are meant to be reviewed in
their entirety, including any footnotes, legal disclaimers, restrictions
or disclosures, and any copyright or proprietary notices. Any disclaimers,
restrictions, disclosures or hedge clauses apply to any partial document
or material in the same manner as they do the whole, and will be deemed
incorporated in the portion of any material or document that you consult
or download. As a condition to this authorization, the user agrees that
any copy which he or she makes of any report or information contained
on the Site shall retain all copyright and other proprietary notices contained
therein, and that any other use of documents published on the Site without
prior written approval from AIRLIE GROUP is strictly prohibited.
3. Passwords and Security.
You are responsible for the confidentiality and use of your password. Your password is an important means of protection for you. You agree to contact us immediately if you believe that an unauthorized person has obtained access to your password.
4. Use of Information and Materials.
The information and materials contained in the Site, and the terms, conditions,
and descriptions that appear, are subject to change. Unauthorized use
of the Site and AIRLIE GROUP's systems including but not limited to unauthorized
entry into AIRLIE GROUP's systems, misuse of passwords, or misuse of any
information posted on a site is strictly prohibited. Your eligibility
for particular products and services is subject to final determination
by AIRLIE GROUP and/or its affiliates. The investment funds described
on the Site have not been registered under the federal securities laws
of the United States, the securities laws of any state, or the laws of
any other jurisdiction. The information and materials contained in the
Site do not constitute a recommendation or solicitation to purchase or
sell any security or make any other type of investment or investment decision.
In addition, such information is not intended to provide tax, legal or
investment advice. In the event of any discrepancy between information
displayed on the Site and information sent in paper or "hard copy" form
to any user from time to time, the information contained in the hard copy
version shall be deemed to be correct.
5. Links.
THE SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD
PARTIES (NON-AFFILIATES OF AIRLIE GROUP). AIRLIE GROUP HEREBY DISCLAIMS
LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED
OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THE SITE. BY CREATING
A LINK TO A THIRD PARTY WEB SITE, AIRLIE GROUP DOES NOT ENDORSE OR RECOMMEND
ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB
SITE, NOR IS AIRLIE GROUP LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES
OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTY MAY HAVE A PRIVACY
POLICY DIFFERENT FROM THAT OF AIRLIE GROUP AND THE THIRD PARTY WEBSITE
MAY PROVIDE LESS SECURITY THAN THE AIRLIE GROUP SITE.
6. No Warranty.
THE INFORMATION AND MATERIALS CONTAINED IN THE SITE, INCLUDING TEXT, GRAPHICS,
LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". AIRLIE GROUP
DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION
AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS
IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED
OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH
THE INFORMATION AND MATERIALS. PLEASE NOTE THAT SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OR ALL OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability.
IN NO EVENT WILL AIRLIE GROUP OR ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION
DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES
OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR ANY LINKED SITE OR
USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN
IF AIRLIE GROUP, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, LOSSES OR EXPENSES.
8. Third Party Information.
From time to time, information, including news, company reports and other
data, prepared by outside parties (non Affiliates of AIRLIE GROUP) may
appear on the Site. By accepting these Terms of Use, the user acknowledges
that such third party information is for the user's personal use only
and that the user will not retransmit or republish it in any form. The
user acknowledges that any such third party information is obtained from
sources believed to be reliable, is provided solely on a best efforts
basis for the user's convenience, and that no representations, warranties
or guarantees are made by AIRLIE GROUP 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 AIRLIE GROUP nor the provider of such information is under any
obligation to update such information or continue to offer such information.
9. Submissions.
All information submitted to AIRLIE GROUP via the Site shall be deemed
and remain the property of AIRLIE GROUP and AIRLIE GROUP shall be free
to use, for any purpose, any idea, concepts, know-how or techniques contained
in information a visitor to the Site provides AIRLIE GROUP through the
Site. Nothing contained herein shall be construed as limiting or reducing
AIRLIE GROUP's responsibilities and obligations to customers in accordance
with the AIRLIE GROUP Privacy Policy.
10. Availability.
The Site 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 local law or regulation.
11. Additional Terms.
Certain sections or pages on the Site may contain separate terms and conditions,
which are in addition to these terms and conditions. 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 an investor has made or will make with AIRLIE
Opportunity Fund, L.P., AIRLIE Opportunity Fund Cayman, Ltd. or any affiliate
thereof.
12. Governing Law; Injunctive Relief.
Use of the Site shall be governed by all applicable Federal laws of the
United States of America and the laws of the State of New York without
giving effect to the conflict of laws provisions thereof, other than New
York General Obligations Law Sections 5-1401 and 5-1402. The user hereby
acknowledges and agrees that AIRLIE GROUP may be harmed irreparably by
any violation of this Agreement and that AIRLIE GROUP shall be entitled
to injunctive relief to enforce this Agreement. The user hereby agrees
to waive any requirement for the securing or posting of any bond in connection
with such remedy.
13. Acceptance of Terms of Use.
By clicking on the "I Agree" button, the user acknowledges that
the user has read these Terms of Use and understands them and agrees to
be bound hereby. If the user does not agree to any of the Terms of Use,
AIRLIE GROUP is not willing to grant the user access to the Site, and
the user should click on the "I Disagree" button to discontinue
the registration process. In such case, the user will be unable to access
the Site. |