The term Hedge Community, LLC or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.
Web Site Purpose.
Hedge Community's web site is a social networking site designed exclusively for hedge fund managers and Accredited investors as that term is defined by SEC Regulation D. To ensure the site is in compliance with applicable rules and regulations and to ensure a positive experience for all users and members of the web site you agree to the following terms and conditions of use by browsing or using the site.
You Must Provide Accurate Information if You Become a Member
If you chose to become a member of Hedge Community, LLC you agree to provide and maintain information that is true, accurate, current and complete in all material respects. We may terminate your membership and restrict your usage of this site if you do not provide accurate information or we have reasonable grounds to suspect that you have failed to provide accurate information. You are solely responsible for maintaining your user name and password and you are responsible for all activities that occur under your user name 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.
Use of the Site
This site is intended for your personal use only. 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 site. You may not sell, lease or rent access to or use of the site or any services offered on the site. You shall not use this site 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 site, 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 from, publish, distribute and display content provided, posted, uploaded, and transmitted to us via the site in any media now known or hereafter developed. By posting or transmitting content on the site, 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, derivate works, or reproduce such content and to grant the rights and licenses hereunder to us.
You agree not to post, submit, transmit, display, upload, distribute, or e-mail or otherwise submit on the site:
a. content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, vulgar, libelous, slanderous, invasive of another's privacy, hateful, racial, ethnically or otherwise objectionable;
b. content that is illegal, or advocates or intentionally enables illegal activity;
c. content that may harm or harms a minor in any way;
d. content that you do not have the rights, title or interest in to transmit under any and all Laws or under contractual or fiduciary relationships such as any confidential information learned of through an employment relationship;
e. content that infringes any patent, copyright, trademark, trade secret or any other intellectual or proprietary rights, unless you own or control the rights thereto or have received all necessary consents to do the same;
f. content that is or may be considered unsolicited or unauthorized advertising, promotional materials, "junk mail," "chain letters," or "pyramid schemes", "spam," "phishing," or any other form of solicitation;
g. content that contains software, viruses, computer code, files or programs that are designed to destroy, limit, or interrupt the functionality of any computer software or hardware or telecommunications equipment;
h. content that may be deemed to violate any applicable Laws, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, or any rules of any national or other securities exchange;
i. content that is intended to or may be deemed to harass, stalk, or threaten another person or entity; and
j. content that is deemed to create a false identity, or misrepresent your affiliation or relationship with a person or entity for the purpose of misleading others.
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 site by us or you, including in chat rooms and on discussion boards, are the sole responsibility of the person from which such content originated and is viewed and used by you at your own risk. The views expressed by you and other members of the site or services do not necessarily reflect the views of Hedge Community.
Hedge Community assumes no responsibility for the transmission, deletion or failure to store information submitted by you or other users to our site. Although certain portions of this site may be restricted to only authorized persons, we shall have no liability if unauthorized persons nevertheless obtain access.
You agree and acknowledge that:
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States.
We are not a broker-dealer or registered investment advisor under federal or state securities laws in the United States or any other jurisdiction. We do not provide advice of any sort regarding investments, purchases or sales of securities, including the securities of investment partnerships that may be featured on this web site. Merely because an investment partnership, hedge fund or other corporate entity appears on this site does not imply that the company is endorsed in any way by us. Nothing contained on this site shall be construed as an offer or solicitation to buy or sell any securities.
The information contained on this web site is for informational purposes only and does not constitute investment, legal, accounting or tax advice. Hedge Community shall not have be liable for any reliance on, interpretation or analysis of, or any investment decision, action or inaction based on information contained on this website.
The trademarks, copyrights, patents and all other intellectual property rights ("Intellectual Property") included or displayed on the site that identify our services and products are owned exclusively by us. The use of such Intellectual Property without the express written consent of Hedge Community is strictly prohibited.
You may not sell, distribute or commercially exploit the database located on or the results of any database search performed by you on this site. 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 use only.
You understand that all content on the site, whether publicly or privately posted or submitted, through e-mail services, discussion boards, chat areas, forums or other message or communication facilities designed to enable users to communicate with other users, are the sole responsibility of the person from which such content originated. It is understood that you, and not Hedge Community, are entirely responsible for all content that you upload, post, submit, e-mail or otherwise transmit to the site.
30 Day Cooling Off Period
For members who transact or intend to transact with hedge funds and other investment funds ("Funds") who use this site, the following shall apply:
1. Investments in Funds are speculative and involve a high degree of risk. You could lose all or a substantial amount of your investment. You should carefully read a Fund's offering materials and related information for specific risk and other important information regarding an investment in that Fund before investing. The site does not list, and does not purport to list, the risk factors associated with an investment in any of the Funds listed on the site. If you are an investor and prior to making any investment decision or hiring any investment manager, you should consult with a professional financial, legal, and tax advisor to assist in due diligence to determine the appropriateness of the risk associated with a particular investment. In no event shall Hedge Community be responsible or liable for any damage or lost opportunities, or lost profits or revenues resulting from use of the site, services and content.
2. By accessing the password-protected area of the site, you agree not to invest in any posted Fund or alternative investment vehicle (other than Funds or alternative investment vehicles in which you or your affiliates are already invested, have already been solicited for or are already actively considering an investment in) for thirty (30) days after the approval of your application and confirmation of your status as a qualified client.
3. Additionally, by accessing the password-protected area of the site, you agree to immediately contact Hedge Community if there is any change in your status as an "accredited Investor," "qualified purchaser" or "qualified client" under Regulation D promulgated under the Securities Act of 1933. For individuals such changes may include, for example, a registered User's net worth (either solely or jointly with his or her spouse) declining below $1,000,000 in the case of "accredited investors," (or $1,500,000 for "qualified clients"), or an expectation that income for the next twelve months may total less than $200,000, or an expectation that the registered User's combined income with his or her spouse may total less than $300,000 in the next twelve months. All registered Users, including individuals and entities, should communicate with their legal advisors if they believe that their investor status has changed.
4. You acknowledge and agree that Funds: (i) often engage in leveraging and other speculative investment practices that may increase the risk of investment loss; (ii) can be highly illiquid; (iii) are not required to provide periodic pricing or valuation information to investors; (iv) may involve complex tax structures and delays in distributing important tax information; (v) are not subject to the same regulatory requirements as mutual funds; and (vi) often charge high fees.
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 HEDGECOMMUNITY SITE, INCLUDING LINKS OR OTHER ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE". HEDGECOMMUNITY 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. HEDGECOMMUNITY DOES NOT WARRANT THE ACCURACY, RELIABILITY, CURRENCY, ADEQUACY OR COMPLETENESS OF THE CONTENT AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
HEDGECOMMUNITY 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. HEDGECOMMUNITY 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 HEDGECOMMUNITY OR THROUGH THE SERVICES OR SITE CREATES ANY REPRESENTATION OR WARRANTY.
Limitations of Liability
(A) IN NO EVENT SHALL HEDGECOMMUNITY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS INFORMATION PROVIDERS BE LIABLE FOR:
1. IN THE CASE OF ALL USERS, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS (WHETHER BASED UPON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY) IRRESPECTIVE OF WHETHER HEDGECOMMUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE;
3. IN THE CASE OF USERS WHO ARE PAYING MEMBERS, HEDGECOMMUNITY'S MAXIMUM LIABILITY TO THE PAYING MEMBER WITH RESPECT TO ALL CLAIMS, ACTIONS OR DAMAGES ARISING UNDER OR RELATING TO THIS AGREEMENT, SHALL BE LIMITED TO ONE HUNDRED ($100) DOLLARS.
(B) SOME JURISDICTIONS MAY RESTRICT THE LIMITATIONS OF LIABILITY UNDER THIS SECTION.
Use Outside of the United States
We operate the site 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 site are appropriate or available for use in other locations. Persons who choose to access the site 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 site, 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 site from jurisdictions or territories where the contents of this site are illegal or penalized is prohibited. Hedge Community has no obligation to provide access to the site and services and reserves the right to not approve the registration application of a User accessing the site from such jurisdictions or territories.
Reporting of Violations
The law of the State of New York, exclusive of its choice of law provisions, shall govern this agreement and your use of the website.