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.