MARKET INTELLIGENCE

TERMS OF USE AGREEMENT 

 

IMPORTANT INFORMATION ABOUT ACCESS TO THIS WEBSITE

 

Please read the Terms of Use below. Use of and access to this website is conditioned on your acceptance of the Terms of Use. By using or accessing this website, you expressly acknowledge that you have read and understood the Terms of Use, and that you agree to be bound by them. If you do not agree to be bound by the Terms of Use, you are not permitted to use or access the website.

 

MarketIntell.net may modify these Terms of Use at any time and at its sole discretion, with or without advance notice. Each time you use or access this website, you are responsible for being familiar with, and are bound by, the then-current version of the Terms of Use.

 

If you use or access (or attempt to use or access) this website in breach of any of the Terms of Use, neither MarketIntell.net nor any of its associates or affiliates will be liable to you for any loss or damage that may result to you or a third party (including without limitation, any direct, indirect, incidental or consequential loss or damage, or any loss of revenue, business profits, goodwill, data, or any opportunity) in connection with such use or access (or attempt to use or access) of this website. 

 

TERMS OF USE

 

Unless otherwise indicated, in these Terms of Use (“Terms of Use”), references to “you” and “your” are references to any person using or accessing (or attempting to use or access) this website (the “Site”).

 

Some of the individual websites linked to, or pages contained within, the Site may require you to agree to supplemental terms, conditions, disclaimers and/or disclosures (“Supplemental Terms"). In the event of a conflict between these Terms of Use and any Supplemental Terms, the Supplemental Terms will govern for any individual websites or pages on which they appear. By accessing the Site, you agree to be bound by any applicable Supplemental Terms. If you do not agree with any Supplemental Terms, do not continue to use or access any portion of the Site.

 

Purpose and Accuracy of Information on the Site

 

The information on the Site (the “Content”) is directed only at persons or entities in any jurisdiction or country where access to Content and use of such Content is not contrary to local law or regulation. Accordingly, you are responsible for informing yourself of and complying with any such restrictions.

 

The Content is provided by MarketIntell.net (MI) and certain third parties for information purposes only. The Content has been obtained from, or is based on, sources believed by MI to be reliable, but is not guaranteed as to its accuracy or completeness. The Content is provided without obligation on the part of MI and its associated companies and on the understanding that any person who acts upon it or changes his or her investment position in reliance on it does so entirely at his or her own risk. The Content is current only as at the date it is first posted and may no longer be true or complete when viewed by you. Additionally, the Content may be changed or amended without prior notice although MI does not undertake to update this site regularly.

 

Information on the Site. The Site contains:

General information about virtual currencies; and

General information about MI and its business processes.

 

No Advice

 

The information on the Site is provided solely on the basis that you make your own investment decisions and does not constitute a personal recommendation or investment advice or create a business or professional services relationship. Unless separately and expressly agreed, neither provides investment advice to, nor receives and transmits orders from, nor carries on any other investment services and activities for, users of the Site.

 

Limitations to Use

 

You warrant that you will not use the Site to conduct or engage in unlawful activities, to violate any law or regulation, or to violate or infringe upon the rights of MI or any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights. You shall not use or introduce into the Site any device, software, or routine that could damage or interfere with the proper operation of the Site. You shall not directly or indirectly take any action to unduly stress the Site, including by way of example and not limitation, incurring session lengths or conducting search queries that MI reasonably determines to be abusive, or use any scraper, robot, spider, or other automated mechanism to access the Site or download the Content.

 

MI reserves the right to monitor your use of the Site to provide guidance and assistance in the use of the Site, and to monitor your conformance with these Terms of Use. You acknowledge and hereby consent to such monitoring. MI reserves the right to terminate your access to and use of the Site if, in MI’s reasonable belief, you have violated the usage limitations set forth in these Terms of Use.

 

Risk Factors

 

INVESTMENT IN ANY OF THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE SITE CARRIES SUBSTANTIAL RISK, INCLUDING THE POSSIBLE LOSS OF PRINCIPAL. THERE IS NO GUARANTEE THAT THE INVESTMENT OBJECTIVES OF THE FUNDS AND/OR STRATEGIES WILL BE ACHIEVED AND RETURNS MAY VARY SIGNIFICANTLY OVER TIME. INVESTMENT IN THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE SITE IS NOT SUITABLE FOR ALL INVESTORS. PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS.

 

FUND OFFERING DOCUMENTS CONTAIN RISK WARNINGS THAT ARE SPECIFIC TO EACH FUND THAT MAY BE DESCRIBED ON THE SITE.

 

INVESTORS SHOULD ONLY INVEST IN A FUND ONCE THEY HAVE THOROUGHLY REVIEWED THE PROSPECTUS AND OTHER OFFERING DOCUMENTS FOR THE FUND AND CAREFULLY CONSIDERED THE RELEVANT INVESTMENT OBJECTIVES, RISKS, CHARGES AND FEES. INVESTORS MAY WISH TO CONSULT AN INDEPENDENT FINANCIAL ADVISOR FOR PERSONAL AND SPECIFIC INVESTMENT ADVICE BEFORE INVESTING.

 

Material Interests

 

MI and its partners, officers and/or employees may have holdings in the investment funds that may be referred to on the Site and may otherwise be interested in transactions that you effect in those funds.

 

Linked Websites

 

The Site may be linked to third party websites or contain information provided by third parties. MI does not make any representation as to the accuracy or completeness of such websites or information, has not and will not review or update such websites or information, and cautions users that any use made of such websites or information is at their own risk. MI does not accept any liability arising out of the information contained on any linked website or information on the Site provided by a third party and the use of such websites and information is at your own risk.

 

Indemnity

 

You agree to indemnify, defend, and hold harmless MI, its affiliates and licensors, and the officers, partners, employees, and agents of MI and its affiliates and licensors, from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your access to or use, or attempted access or use, of the Site.

 

Disclaimers

 

EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT AND INFORMATION PROVIDED IN CONNECTION WITH THE SITE, IS PROVIDED “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE GREATEST EXTENT PERMITTED BY LAW, MI EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULTS, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO REPRESENTATION, WARRANTY OR UNDERTAKING IS GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT BY OR ANY OF ITS ASSOCIATED COMPANIES AND NO LIABILITY IS ACCEPTED BY SUCH PERSONS FOR THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. IN NO EVENT WILL MI OR ANY OF ITS ASSOCIATED COMPANIES BE LIABLE TO YOU FOR ANY CLAIM OR LOSS CLAIMED BY YOU OR ANY THIRD PARTY RELATING TO BUSINESS DECISIONS MADE BY YOU AS A RESULT OF YOUR USE OF THE SITE OR THE CONTENT. THE INTERNET IS NOT A COMPLETELY RELIABLE TRANSMISSION MEDIUM, AND MI SHALL NOT BE LIABLE FOR ANY DATA TRANSMISSION ERRORS SUCH AS DATA LOSS, DAMAGE OR ALTERATION OF ANY KIND. MI DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY CONTENT CONTAINED THEREIN. UNDER NO CIRCUMSTANCES SHALL MI OR ANY OF ITS ASSOCIATED COMPANIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WHERE MI HAS BEEN ADVISED OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM YOUR USE OR MISUSE OF THE SITE, ANY CONTENT, OR ANY INFORMATION CONTAINED ON ANY OTHER HYPERLINKED WEBSITE.

 

Copyright, Trademarks and Other Rights

 

You may use the Content and reproduce it in hard copy for your personal use only. Such information may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another database, document or other materials. Nothing on the Site should be considered as granting any license or right under any trademark of MI or any third party.

 

The Site and all intellectual property rights in it and in the Content (including, but in no way limited to, rights under the copyright law, trademark law or patent law of any jurisdiction) are owned by MI and/or its associates or affiliates, or licensed to MI by relevant third party content providers. MI grants you the limited, nonexclusive, nontransferable, and nonsublicenseable right to access the Content for your own personal or internal business use, and the right to reproduce the Content in hard copy for your own reference. Notwithstanding the foregoing sentence, nothing in these Terms of Use shall be construed as conferring upon you any license to use, modify, reproduce, distribute or transmit the Content, to create derivative works based upon the Content, or to incorporate the Content into other databases, documents or other materials.

 

All product names, trademarks, logos, service marks and trade names (collectively referred to as “Trademarks”) displayed on the Site are property of MI and/or its associates or affiliates, related companies, licensors or business partners. The Trademarks are protected under U.S. and/or international law. Except as permitted within these Terms of Use or otherwise indicated in writing by MI, any use of the Trademarks by you is expressly prohibited.

 

The layout and design of the Site, as well as images of people or places displayed on the Site, are either property of MI or used with the permission of the copyright owner. Except as permitted within these Terms of Use or otherwise indicated in writing by MI, any use of such layout, design or images by you is expressly prohibited.

 

Enforceability and Governing Law.

 

In the event any provision or portion of these Terms of Use is held to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions and/or portions shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. Your access to and use of the Site and these Terms of Use are governed by the laws of the State of California and disputes arising from or related to your access to and use of the Site shall be adjudicated exclusively in a forum located in the State of California.

 

Force Majeure

 

MI’s failure to maintain the Site and/or provide the Content as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, natural disasters, acts of terrorism, or damage or destruction of any network facilities or servers, shall not be deemed a breach of these Terms of Use.

 

Privacy Policy

 

General

The potential, current and former clients of MI and the investors in the funds MI advises are referred to in this privacy policy as “you” and “your." MI takes precautions to maintain the privacy of your nonpublic personal information (“Nonpublic Personal Information”). These precautions include the adoption of certain physical, technical and/or administrative procedures designed to maintain and secure such Nonpublic Personal Information from inappropriate disclosure to third parties. Federal regulations require MI to inform you of this privacy policy.

 

MI may collect Nonpublic Personal Information from the following sources:

 

Information MI receives from you in subscription documents or other related documents or forms, or through the Site;

Information about your transactions with MI, its funds, affiliates, or others; and/or

Information MI may receive from a consumer reporting agency.

 

MI does not disclose any Nonpublic Personal Information to anyone, except as permitted by law and regulation. MI restricts access to Nonpublic Personal Information to those employees and agents of MI who need to know that information in order to provide services to MI’s clients. MI may disclose such information to its affiliates and to service providers and financial institutions that provide services to MI. MI will require such third party service providers and financial institutions to protect the confidentiality of the Nonpublic Personal Information and to use the information only for the purpose(s) for which it is disclosed to them. MI may use Nonpublic Personal Information to ensure compliance with its obligations under applicable regulatory regimes, and for its own internal business purposes, and may disclose such information to regulatory authorities as required or permitted by applicable law. MI maintains physical, electronic, and procedural safeguards that comply with federal standards to safeguard Nonpublic Personal Information and which MI believes are adequate to prevent unauthorized disclosure of such information.

 

Information Collected Through the Site

Personally Identifiable Information

 

In addition to the foregoing, MI may collect personally identifiable information through the Site, such as your name, address, telephone number, e-mail address, or other similar information. Your submission of such is entirely voluntary. However, please note that if you decline to provide such information when prompted, you may not be able to take advantage of certain features or certain areas of the Site.

 

By submitting personally identifiable information on the Site, you consent to MI’s use of such information in the manner described above, and you further grant MI the right to use and store such information on its internal systems and to transfer it to its associated companies, whether inside or outside the United States, European Union or Australia, for the purpose of providing services to you. You should also be aware that the level of protection in relation to the processing of personal data may not be the same in countries outside the European Union.

MI may also use or disclose personally identifiable information if MI deems it reasonably necessary to protect the rights or property of MI, its clients, investors in the funds MI advises, the Site, or other Site users (for example in response to a denial of service attack or the introduction of malicious software to the Site).

 

Non-Personally Identifiable Information

 

When you enter the Site, MI automatically collects information about your browser type and your Internet Protocol (IP) address(es), as well as information that your browser sends whenever you visit a website (for example, websites you might have visited before you visited the Site, the amount of time you spend on those sites). MI uses this type of information in the aggregate to monitor the Site, to improve the Site’s offerings and to customize your experience with the Site. By entering the Site, you consent to MI’s collecting and using such information.

Cookies.

 

The Site uses “cookies,” which are small text files that are stored on your computer that retain your information and preferences relative to your activities on a website. They are meant to enhance your experience on the Site, and are used primarily to recognize registered users who are logged on. For example, if you tell us to, we will send a cookie to your machine that remembers your login credentials to the Site, so you don’t have to enter them every time you access the Site.

 

Should you wish to prevent your computer from accepting cookies from the Site, you can change the settings on your web browser to either block cookies sent from the Site, or to disable cookies altogether. Please note that the Site may not function properly, or may function differently, if you choose not to receive cookies