YOU SHOULD BE AWARE OF AND CAREFULLY CONSIDER THE FOLLOWING POINTS BEFORE DETERMINING WHETHER ALTERNATIVE INVESTMENTS ARE APPROPRIATE FOR YOU.ALTERNATIVE INVESTMENTS INCLUDE, BUT ARE NOT LIMITED TO, INVESTMENTS IN HEDGE FUNDS, FUND OF HEDGE FUNDS, CTAS, PRIVATE EQUITY FUNDS, REAL ESTATE FUNDS AND MANAGED ACCOUNT PLATFORMS. (“ALTERNATIVE INVESTMENTS”).
YOUR USE OF THE GLOBAL FUND TECHNOLOGIES, LLC D/B/A HEDGEACT (“COMPANY”) WEBSITE AND ITS ENTIRE CONTENTS, INCLUDING BUT NOT LIMITED TO, CONTENT, ARTICLES, ANALYSIS, RESEARCH TOOLS, EMAILS, NOTIFICATIONS, TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THROUGH IT IN ANY FORM OR MEDIA AND ALL SERVICES THAT MAY BE PROVIDED IN CONJUNCTION WITH IT (ALL SUCH INFORMATION AND SERVICES, COLLECTIVELY, THE "WEBSITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF RISK DISCLOSURE STATEMENT ("RISK DISCLOSURE STATEMENT"). BY USING THE WEBSITE, REGISTERING AS A MEMBER WITH THE COMPANY EITHER AS A FREE OR PAID MEMBER, OR ACCEPTING ANY RELATED SERVICES FROM THE COMPANY, YOU AGREE THAT YOU (1) HAVE READ AND UNDERSTAND THIS RISK DISCLOSURE STATEMENT; AND (2) ARE BOUND BY THIS RISK DISCLOSURE STATEMENT.
In consideration of the Company agreeing to allow you to use the Website, you acknowledge, understand and agree to the following:
1. ALTERNATIVE INVESTMENTS ARE VERY SPECULATIVE AND ARE HIGHLY RISKY. Investing in Alternative Investments, is highly speculative and is suitable only for those who (a) understand and are willing to assume the economic, legal and other risks involved, and (b) are financially able to assume significant losses. Alternative Investments are not an appropriate investment for retirement funds. You represent, warrant and agree that you understand these risks; that you are willing and able, financially and otherwise, to assume the risks of Alternative Investments and that loss of your entire account balance will not change your lifestyle. Before deciding to invest in Alternative Investments you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with Alternative Investments, and seek advice from an independent financial advisor if you have any doubts.
2. ALTERNATIVE INVESTMENTS ARE NOT REGULATED. Alternative Investments are unregistered private investment partnerships, funds or pools that may invest and trade in many different market strategies, and instruments (including securities, non-securities and derivatives) and that employ different investment, hedging, leverage and arbitrage methodologies. Alternative Investments are not subject to the same regulatory requirements as mutual funds, including mutual fund requirements to provide certain periodic and standardized pricing and valuation information to investors. Alternative Investment documents are not reviewed or approved by federal or state regulators. Alternative Investments are not required to provide periodic pricing or valuation information to investors and it may be their practice to not provide such information.
3. ALTERNATIVE INVESTMENTS MAY EMPLOY SPECULATIVE AND RISKY INVESTMENT STRATEGIES. Alternative Investments may employ a distinctive strategy which may not have a readily ascertainable comparative benchmark or index. Alternative Investments may be leveraged (including highly leveraged) and a hedge fund performance may be volatile. Alternative Investments may use benchmarks or targets for measurement purposes. There is no guarantee that Alternative Investment goals, objectives, benchmarks or targeted returns will be achieved or reached. Strategies intended to hedge risk may be partly or wholly unsuccessful. Some Alternative Investments may use a single advisor or employ a single strategy, which could mean a lack of diversification and higher risk. Some Alternative Investments execute a portion, and in some cases a substantial portion, of trades on foreign exchanges or over the counter markets. Such trades could involve a higher degree of risk.
4. ALTERNATIVE INVESTMENTS MAY HAVE LIMITED LIQUIDITY AND CARRY HIGH MANAGEMENT FEES. An Alternative Investment may have limited liquidity or may be illiquid and there may be significant restrictions on transferring interests there is no secondary market for an investor’s investment in an Alternative Investment and none is expected to develop.An Alternative Investment’s fees and expenses, which may be substantial regardless of any positive return, will offset the investment’s trading profits. In the case of a fund of funds, fees and expenses are charged at both the fund and sub-fund levels. As a result the fees charged will be higher than they would if an investor invested directly into the sub-fund. Alternative Investments may involve a complex tax structure (which should be reviewed carefully) and delays in distributing important tax information.
5. ALTERNATIVE INVESTMENTS MAY HAVE LITTLE OR NO OPERATING OR PERFORMANCE HISTORY. Alternative Investments may have little or no operating history or performance and may use hypothetical or pro forma performance which may not reflect actual trading done by the manager or advisor and such history or performance should be reviewed carefully. Investors should not place undue reliance on pro forma or hypothetical performance. Alternative Investments and their managers/advisors may rely on the trading expertise and experience of third-party managers or advisors; the identity of which may not be disclosed to investors.
6. PAST PERFORMANCE NOT INDICATIVE OF FUTURE RESULTS. The past performance of any investment, including Alternative Investments, cannot guarantee the performance or effectiveness of such investment in the future. Users of the Website must exercise independent judgment when making investment decisions and expressly assume all of the risk of any losses. PAST PERFORMANCE CANNOT GUARANTEE OR INDICATE FUTURE RESULTS.
7. NO GUARANTEES OF PROFIT. There are no guarantees of profit or freedom from loss in an Alternative Investment. You have received no such guarantees from Company or from any of its agents, employees or affiliates. You are aware of the risks inherent in Alternative Investment and are financially able to bear such risks and withstand any losses incurred.
8. TECHNOLOGY RISK. Since Company does not control the Internet its reception or routing , configuration of your equipment or reliability of its connection, Company shall not be liable for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any breakdown or failure of any transmission or communication system or computer facility, whether belonging to Company, you, or any third party.
9. USE OF WEBSITE IS INFORMATIONAL ONLY. Company is not, and does not intend to register as, an investment adviser as defined in the Investment Advisers Act of 1940.Company is therefore not an adviser or fiduciary to you or any other user of the Website. Neither the Website nor the Alternative Investment data offered on the Website constitutes an offer to buy or sell, or the solicitation of an offer to buy or sell, any security. Each and every decision to purchase or sell any security and each decision whether any security is appropriate or proper for you is an independent decision made by you. You agree that Company has no fiduciary duty to you and no liability in connection with and is not responsible for any liabilities, claims, damages, costs and expenses, including attorneys’ fees, incurred in connection with you using the Website or any of the hedge fund data contained therein.
THE ABOVE GENERAL SUMMARY IS NOT A COMPLETE LIST OF THE RISKS AND OTHER IMPORTANT DISCLOSURES INVOLVED IN INVESTING IN ALTERNATIVE INVESTMENTS AND, WITH RESPECT TO ANY PARTICULAR ALTERNATIVE INVESTMENT, IS SUBJECT TO THE MORE COMPLETE AND SPECIFIC DISCLOSURES CONTAINED IN SUCH ALTERNATIVE INVESTMENT’S RESPECTIVE OFFERING DOCUMENTS. BEFORE MAKING ANY INVESTMENT, AN INVESTOR SHOULD THOROUGHLY REVIEW AN ALTERNATIVE INVESTMENT’S OFFERING DOCUMENTS WITH THE INVESTOR’S FINANCIAL, LEGAL AND TAX ADVISOR TO DETERMINE WHETHER AN INVESTMENT IN THE ALTERNATIVE INVESTMENT IS SUITABLE FOR THE INVESTOR IN LIGHT OF THE INVESTOR’S INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES AND TAX SITUATION.
THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS OF ALTERNATIVE INVESTMENTS.BY USING THE WEBSITE OR THE DATA CONTAINED THEREIN IN ANY WAY, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE RECEIVED, READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS RISK DISCLOSURE STATEMENT.