Terms and Conditions
We reserve the right at any time to:
- Change the Site, including eliminating or discontinuing any features of functionality.
The Site is a research site containing information on alternative investment funds specifically hedge funds, that are exempt from registration under the Securities Act of 1933 pursuant to Regulation D promulgated thereunder. It allows potential investor, including institutions, pensions, foundations, endowments and high net worth individuals, and financial advisors (“Users”) to review information on privately offered funds. All Clients Users must be either a “Qualified Purchaser” or “Accredited Investor” as specified under the requirements of the Investment Company Act. The funds described on the Site are not offered or sold through the Site and investors may not acquire an interest in any such fund through the Site. Any such transaction may only occur between a prospective investor and a privately offered fund separate and apart from the Site. PivotalPath collects no compensation in connection with any such transaction.
All information obtained from the Site or information provided to any User by any representative of PivotalPath, other than (i) information that was known to the User prior to the disclosure to the User and (ii) information that is in the public domain at the time of disclosure to the User, is confidential in nature and may not be shared by any User with any other party or used for any purpose other than evaluation the merits of an investment opportunity listed on the Site (such information, “Confidential Information”); provided that, (a) a User may share Confidential Information obtained from the Site with its legal, tax or other professional advisors to the extent that such advisors have been notified of the confidentiality of the nature of the information obtained from this Site and (b) upon any request of a governmental, supervisory or regulatory body – routine or otherwise – User shall be permitted to disclose Confidential Information to such governmental, supervisory or regulatory body (a “Permitted Disclosure”); provided that, to the extent permitted, User provides notice of such request and disclosure to PivotalPath.
The User acknowledges that PivotalPath will be irreparably harmed if the confidentiality obligations hereunder are not specifically enforced and that PivotalPath would not have an adequate remedy at law in the event of an actual or threatened violation by the User of its confidentiality obligations hereunder. Therefore, User agrees and consents that, except in the context of a Permitted Disclosure, PivotalPath shall be entitled to seek an injunction or any appropriate decree of specific performance for any actual or threatened violation or breaches by the User, without the posting of any bond, and such other relief as may be just and proper, including the right to recover all losses or damages suffered by PivotalPath resulting from any such breach or threatened breach.
Visiting the Site or sending emails to PivotalPath constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
You are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign, otherwise transfer or disclose your username, password, account or any information obtained from the Site to any other person or entity. You acknowledge that PivotalPath is not responsible for third party access to your account that results from theft or misappropriation of your account. PivotalPath reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
DATA PROVIDED BY THIRD PARTY DATA PROVIDERS
Certain information on the Site may be provided by third party data providers (“Data Providers”). Information obtained from a Data Provider is marked to indicate which Data Provider provided the relevant information. By agreeing to these Terms and Conditions, you agree (1) to waive any claim against PivotalPath and the Data Providers arising out of or related to the Content of the Site, (2) that you have no direct contractual privity with any Data Provider and that (3) you will treat all such data as strictly confidential and not disclose any such data to any third party.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
YOU WILL NOT MODIFY, PUBLISH, TRANSMIT, REVERSE ENGINEER, PARTICIPATE IN THE TRANSFER OR SALE, CREATE DERIVATIVE WORKS, OR IN ANY WAY EXPLOIT ANY OF THE CONTENT IN WHOLE OR IN PART, FOUND ON THE SITE. YOUR USE OF THE SITE DOES NOT ENTITLE YOU TO USE THE CONTENT FOR ANY PURPOSE OTHER THAN, (I) WITH RESPECT TO USERS, FOR EVALUATING POTENTIAL OR CURRENT INVESTMENTS. FURTHER, EACH USER AGREES THAT IT IS USING THE SITE SOLELY FOR THE PURPOSE OF EVALUATING OR MANAGING ITS PRIVATE INVESTMENT PORTFOLIO AND THAT IT IS NOT USING THE SITE IN ITS CAPACITY AS AN EMPLOYEE, AGENT OR REPRESENTATIVE OF AN ALTERNATIVE ASSET MANAGEMENT FIRM OR OTHER ENTITY SEEKING TO OBTAIN A COMPETITIVE ADVANTAGE BY ACCESSING CONTENT THAT DESCRIBES FUNDS MANAGED BY OTHER ALTERNATIVE ASSET MANAGEMENT FIRMS.
NO MISLEADING SUBMISSION OR MATERIAL OMISSION
By registering with or using the Site, you hereby affirm that all information provided to the PivotalPath is true and correct to the best of your knowledge, information and belief. You further affirm that you have not omitted any material facts nor provided any intentionally misleading facts in the submission of information or documents to PivotalPath.
None of the information contained in this Site constitutes a recommendation, solicitation or offer by PivotalPath or its affiliates to buy or sell any securities or other financial instruments or provide any investment advice or service. The information contained in the Site has been prepared without reference to any particular user’s investment requirements or financial situation. The information and services provided on the Site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where PivotalPath is not authorized to provide such information or services. Some products and services described in the Site may not be available in all jurisdictions or to all potential users.
USE OF COMMUNICATION SERVICES
The Site may contain features that allow you to communicate with other users (collectively, “Communication Services”). You agree that when using a Communication Service, you will not: defame, abuse, harass, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
PivotalPath has no obligation to monitor the Communication Services. However, PivotalPath reserves the right to do so and to cancel the account of any Users at any time in its sole discretion. PivotalPath reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PivotalPath’s sole discretion
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Site may contain links to other websites (“Linked Sites”). Linked Sites are not under the control of PivotalPath and PivotalPath is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PivotalPath is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PivotalPath of the site or any association with its operators.
You agree to indemnify, defend and hold harmless PivotalPath, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys fees) relating to or arising out of your use of or inability to use the Site, your violation of these Terms and Conditions or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PivotalPath reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PivotalPath in asserting any available defenses.
BY USING THE SITE, YOU AGREE THAT THE CONTENT CONTAINED HEREIN IS ONLY FOR YOUR GENERAL INFORMATION AND USE AND IS NOT INTENDED TO AS A RECOMMENDATION OF ANY SECURITY OR FUND DESCRIBED HEREIN, AN OFFER OF ANY SECURITY OR FUND OR AN INVITATION FOR AN OFFER. IN PARTICULAR, THE CONTENT DOES NOT CONSTITUTE ANY FORM OF ADVICE, RECOMMENDATION, REPRESENTATION, ENDORSEMENT OR ARRANGEMENT BY PIVOTALPATH OR ANY OF ITS EMPLOYEES AND IS NOT INTENDED TO BE RELIED UPON BY USERS IN MAKING (OR REFRAINING FROM MAKING) ANY SPECIFIC INVESTMENT OR OTHER DECISIONS. YOU SHOULD CONSULT YOUR OWN PROFESSIONAL TAX, LEGAL AND OTHER APPROPRIATE ADVISORS BEFORE MAKING ANY SUCH DECISION. ANY AGREEMENTS, TRANSACTIONS OR OTHER ARRANGEMENTS MADE BETWEEN YOU AND ANY THIRD PARTY NAMED ON (OR LINKED TO OR FROM) THE SITE ARE AT YOUR SOLE DISCRETION AND RESPONSIBILITY. BY USING THE SITE YOU EXPRESSLY AGREE THAT SUCH USE IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.
YOU AGREE THAT PIVOTALPATH WILL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT RELATE TO YOUR BUSINESS OR INVESTMENT CHOICES INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA.YOU ACCEPT THAT WE DO NOT GIVE ANY WARRANTIES IN RESPECT OF THE SITE. PIVOTALPATH HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT TO THE EXTENT THAT SUCH WARRANTIES CANNOT BE WAIVED UNDER APPLICABLE LAW), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. NEITHER DO WE PROVIDE ANY WARRANTY THAT THE SITE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
In addition to but separate from the above specific exclusion and to the full extent allowed by applicable law, you also agree that we will not be liable to you for any other indirect, special, consequential incidental, punitive or exemplary damages whatsoever that arise out of or are related to your use of the Site.
Further, PivotalPath is not liable for matters beyond its reasonable control. We do not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties and you agree that we can therefore not be liable for any problem experienced by you on account of faults and failures in such systems.
PivotalPath reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted bylaw, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this sectionYou agree that no joint venture, partnership, employment, or agency relationship exists between you and PivotalPath as a result of this agreement or use of the Site.
If any provision of these Terms is determined to be invalid or unenforceable pursuant to applicable law, such provision shall be deemed deleted from these Terms, but such deletion shall not affect the enforceability of any other provision in these Terms.
These Terms constitute the entire agreement between the user and PivotalPath with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PivotalPath with respect to the Site.
PivotalPath welcomes your questions or comments regarding the Terms:
New York, New York 10036
Email Address: email@example.com