You may not violate or attempt to violate the security of the Site.
The Site is owned or controlled by Boothbay. The Site was developed, compiled, prepared, selected and arranged by Boothbay and others, through the application of methods and standards or judgment developed and applied through the expenditure of substantial time, effort and money and constitute valuable intellectual property of Boothbay and others.
All trade names, trademarks, service marks, logos, and images displayed on the Site are proprietary to Boothbay. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site without the written permission of Boothbay or such other third party that may own the trademark displayed on the Site. The use of the trade names, trademark, service marks, logos, or images displayed on the Site by you, or anyone else authorized by you, is prohibited unless specifically permitted herein, and in any case you will make no use of any such trade names, trademarks, service marks, logos, or images in a manner that creates the impression that you own or are licensed to make such use. Any such unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you download any information or software from the Site, you agree that you will not copy it or remove or obscure any copyright, trademark, or other proprietary notices or legends contained in any such information.
You agree to respect and protect the proprietary rights of Boothbay in the Site during and after the time you use the Site and shall promptly notify Boothbay if you become aware of any infringement of these rights.
You may not decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
You may not link other websites to the Site without Boothbay’s prior written permission.
You are prohibited from using the Site to advertise or perform any commercial solicitation. You are also prohibited from using any robot, spider, scraper or other automated means to access the Site for any purpose without the prior written permission of Boothbay. You may not take any action that imposes or may impose, in Boothbay’s sole discretion, an unreasonable or disproportionately large load on Boothbay or any other party’s infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures Boothbay or any third party may use to prevent or restrict access to the Site.
You make the following representations and warranties regarding your use of the Site. You represent and warrant that you:
- will not delete or attempt to delete any Content.
All Content is for informational purposes only, and you acknowledge it being subject to the Disclaimer set forth below.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” BOOTHBAY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS. WITHOUT LIMITING THESE GENERAL DISCLAIMERS, BOOTHBAY DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
Boothbay is not liable for any technological problems or any resulting impact. All or any portion of the Site may be unavailable or may function improperly at any time. Boothbay makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. Boothbay makes reasonable efforts to ensure that the Site is secure, but does not guarantee the security of the Site.
Boothbay takes reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but disclaims liability for any interception of data or communications.
Boothbay is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. Boothbay is not liable for any defects, delays or errors in or resulting from your use of the Site.
Boothbay is not responsible for information on any third-party web site referenced in, accessible through or connected by hyperlink to or from the Site. If you access any third-party web site through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute or evidence of our endorsement or sponsorship of or affiliation with any linked web site.
Protecting Children’s Privacy Online. Our website is not directed to individuals under the age of thirteen (13). Consistent with the Children’s Online Privacy Protection Act of 1998, Boothbay does not knowingly collect personal information from individuals who are under 13.
Boothbay has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate. We may monitor and record activity on the Site for any reason or for no reason. We may investigate any
complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate. We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that we deem appropriate.
Please read this entire disclaimer before making use of the Site, or reviewing the information contained in any Electronic Communication, as it explains certain restrictions on the use of the Site and the information in such emails or attachments thereto. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction.
Unless otherwise specifically indicated, the contents of any Electronic Communications are for informational purposes only, are not an official confirmation of any transaction, and are not a solicitation or an offer to buy a security or related financial product. Attachments to Electronic Communications may have additional important disclosures and disclaimers, which you should read. This disclosure, when referenced in an Electronic Communication, shall be deemed to have been reprinted in its entirety within the text of such communication.
The Site and the information contained herein is not an offer to sell or the solicitation of an offer to buy securities or investment advisory services. Any such offer may only be made by means of definitive offering documents including a subscription agreement or an investment management or similar agreement. Any summary or information contained herein is incomplete and is qualified by reference to such document(s), including the risk factors referenced therein; and in the event of any discrepancies between the information herein and such document(s), such document(s) will govern.
The Site does not constitute a recommendation or advice by the Adviser; you should consult your own tax, legal, accounting, financial or other advisors about the issues discussed herein based on your specific risk profile and financial requirements, including the suitability of an investment in the strategy referenced herein (the “Strategy”), with the Adviser, or in any investment product managed by the Adviser.
The Strategy and any investment product managed by the Adviser is speculative and involves a high degree of risk. Any investor must be able to bear the risks involved. There can be no assurance that the Adviser will be able to successfully implement the Strategy, that the risk management parameters referenced herein will be effective, or that any investment objectives or other targets or goals referenced herein will be achieved. The Adviser may modify its investment approach and portfolio and risk parameters in the future, and has broad flexibility within the Strategy. SEC registration does not imply any level of skill or training. Prior performance is not an indication of future performance. Any investment is subject to the risk of loss of principal.
No representation, warranty, or undertaking, express or implied, is given as to the accuracy or completeness of the information contained on the Site by Boothbay or any other person; no reliance may be placed for any purpose on such information; and no liability is accepted by any person for the accuracy and completeness of any such information. The Site provides general information only. Nothing in the Site is to be relied upon in making any investment decision. Users must carefully make their own investment decisions based upon their specific investment objectives and financial positions and using such independent advisors as they believe necessary.
No investment with the Adviser, or interest in any investment product managed by the Adviser, may be offered or sold in any jurisdiction in which such offer, solicitation, or sale would be unlawful. The Site and the information contained herein are not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject Boothbay or its affiliates to any registration or licensing requirement within such jurisdiction. The advisory services mentioned in the Site may not be provided in some jurisdictions.
Boothbay maintains the Site for the convenience of its users. You acknowledge that the internet, and electronic communications, are not a completely reliable and secure medium of communication. The information on the Site is provided to you “as is.” Boothbay does not guarantee the accuracy, validity, timeliness, completeness or suitability of any information or data on the Site. Boothbay disclaims all warranties, express or implied, including, but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Boothbay will not be liable for any damages or injuries arising out of your use of any such information or data, including without limitation, damages relating to any (i) error, omission, interruption, delay in operation or transmission, (ii) computer virus, (iii) failure or defect in any communication facilities, hardware or software, or (iv) theft and destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise. All electronic communications to and from Boothbay are subject to retention and review by Boothbay and its supervisory personnel, and may be viewed by third parties. The use of the Site is at your own risk.
Except as may be expressly authorized, no information or material contained on the Site may be reproduced, transmitted, or displayed without the prior written consent of Boothbay, which may be withheld in its sole discretion.
Disclaimer for European Union Investors:
The Alternative Investment Fund Managers Directive (the “AIFM Directive”) imposes regulatory requirements with respect to each European Union (“EU”) country. Accordingly, any offering of interests or shares of an investment vehicle (a “Fund”) to prospective investors in the EU must be made in accordance with national private placement marketing rules in force in each EU jurisdiction, which have been amended to comply with the AIFM Directive requirements.
A Fund may permit an investment by an investor located in an EU country even where it does not comply with the national private placement marketing requirements, provided that the investor acknowledges and agrees that none of Boothbay, or any of its directors or officers, any director or officer of a Fund, nor any of their affiliates or representatives, marketed, offered or solicited an investment in the Fund to the investor and the investor agrees that it initiated contact regarding the Fund with Boothbay. Nothing on this website or in this communication is to be construed as an offer of an investment in, or as pertaining to, a Fund.