THIS AGREEMENT GOVERNS YOUR USE OF THIS HEDGEACT WEB SITE (“SITE”). BY ACCESSING AND USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
IF YOU DO NOT AGREE WITH EACH AND EVERY TERM OF USE, YOU ARE NOT GRANTED PERMISSION TO USE THIS SITE. GLOBAL FUND TECHNOLOGIES, LLC D/B/A HEDGEACT (“HEDGEACT” OR “WE”) RESERVES THE RIGHT TO AMEND AND UPDATE THESE TERMS AND CONDITIONS FROM TIME TO TIME.
Restricted Areas
Certain areas of the site may be restricted. To obtain access to restricted areas of the site, you will need to register as a “Member” by providing certain information about yourself, and will be asked to select a unique sign-in User name (“User Name”) and a password (“Password”), or we may provide these to you. You may also be required to provide certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). Each User Name and corresponding Password can only be used by one user. You are solely responsible for the confidentiality and use of your User Name, Password and Unique Identifiers. We reserve the right to delete or change your Password, User Name or Unique Identifier at any time and for any reason. The collection and use of information through the site is governed according to our Privacy Policy, which is hereby incorporated herein in its entirety.
Confidential Information
The information in the restricted areas of this site is available solely for the benefit of Members, and any distribution, publication or reproduction of such information, in whole or in part, without the prior written consent of HedgeACT, is prohibited. Notwithstanding the foregoing, Members may download and print such information for their own personal or professional use, and may disclose such information only to their professional advisers, or “accredited investor” clients, as the case may be. You acknowledge and agree that your breach of the foregoing restrictions may result in irreparable harm to HedgeACT, and therefore, that upon any such breach or threat thereof, HedgeACT shall be entitled to seek, in addition to whatever other remedies it may have, appropriate equitable relief, including a preliminary restraining order and injunctive relief, without posting any bond or demonstrating that money damages are inadequate. You further acknowledge and agree that, in addition to recovery for any and all direct damages that HedgeACT suffers as a result of such breach, HedgeACT shall be entitled to recover reasonable costs and attorney’s fees incurred by it in connection with any action to enforce its rights hereunder.
Disclaimer of All Warranties
The information on this site, including text, graphics, and links, is provided “AS IS”.
We do not warrant the accuracy, adequacy, or completeness of this information and we expressly disclaim all endorsements, guarantees and warranties, express or implied, of any kind, including without limitation all warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus. Although the information provided on this site is obtained or compiled from sources believed reliable, we cannot guarantee the accuracy, timeliness or completeness of any information or data made available.
Limitation of Liability
Neither HedgeACT, nor any of its affiliates, directors, officers or employees (collectively the “HedgeACT Parties”), nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage due to failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available, or from any other cause relating to your access to, inability to access, or use of the site or these materials, whether or not the circumstances giving rise to such cause may have been within our control or of any vendor providing software or services support.
Restricted Areas
Certain areas of the site may be restricted. To obtain access to restricted areas of the site, you will need to register as a “Member” by providing certain information about yourself, and will be asked to select a unique sign-in User name (“User Name”) and a password (“Password”), or we may provide these to you. You may also be required to provide certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). Each User Name and corresponding Password can only be used by one user. You are solely responsible for the confidentiality and use of your User Name, Password and Unique Identifiers. We reserve the right to delete or change your Password, User Name or Unique Identifier at any time and for any reason. The collection and use of information through the site is governed according to our Privacy Policy, which is hereby incorporated herein in its entirety.
UNDER NO CIRCUMSTANCES WILL THE HEDGEACT PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION ON THIS SITE.
IN NO EVENT WILL THE HEDGEACT PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF HEDGEACT, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
No Solicitation or Advice
Unless otherwise expressly stated, the information appearing on this site is provided for informational purposes only and does not constitute an offer to sell or buy any security or any product or service that may be referenced or described on this site. Nothing in this site should be construed as rendering tax, legal, investment or accounting advice.
Trademarks and Copyrights
All trademarks, service marks, trade names, logos, and icons are the property of HedgeACT or used pursuant to a license or other permission obtained by HedgeACT. Nothing contained on the site should be construed as granting any license or right to use any trademark displayed on this site without the written permission of HedgeACT and/or the owner of the mark, logo or icon. Use of the trademarks displayed on this site, or any other content on this site, except as provided herein, is strictly prohibited. Images displayed on this site are either the property of, or used with permission by, HedgeACT. The use of these images by you is prohibited unless specifically permitted by either HedgeACT and/or the owner. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Use of Information and Materials
The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of HedgeACT’s site and systems, including but not limited to unauthorized entry into HedgeACT’s systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.
Links
THIS WEB SITE MAY BE LINKED TO OTHER WEB SITES. HEDGEACT IS NOT RESPONSIBLE FOR THE CONTENT OF THOSE WEB SITES. THE INCLUSION OF ANY LINK TO SUCH WEB SITES DOES NOT IMPLY APPROVAL OF OR ENDORSEMENT BY HEDGEACT OF THE WEB SITES OR THE CONTENT THEREOF.
Additional Terms
Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
Enforcement of this Agreement
You acknowledge and agree that this Agreement shall be governed by the law of the State of Illinois without regard to the conflict of law provisions thereof, that the exclusive jurisdiction and venue of any litigation with respect to this Agreement shall be in the federal and state courts in Cook County, in the State of Illinois, and that you shall not claim that such venue is inconvenient or improper. You further acknowledge and agree that, in addition to recovery for any and all direct damages that HedgeACT may suffer as a result of your breach of this Agreement, HedgeACT shall be entitled to recover reasonable costs and attorney’s fees incurred by it in connection with any action to enforce its rights hereunder.
