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Terms of Use

 

Welcome to the CrestlineInvestors.com Web site (the “Site”) owned by Crestline Investors, Inc. and operated with the assistance of Crestline Management, L.P. (collectively, “Crestline”), an investment adviser registered with the Securities and Exchange Commission. These Terms of Use contain the terms, conditions, and provisions upon which you may access the information available through the Site.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE TO BE BOUND BY THEM.

 

THE INFORMATION AND SERVICES PROVIDED ON THE SITE ARE NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, AND ARE IN PARTICULAR NOT DIRECTED TO, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION, WOULD OBLIGATE CRESTLINE TO COMPLY WITH ADDITIONAL RULES OR WHICH WOULD SUBJECT CRESTLINE OR ANY OF ITS AFFILIATES TO ANY ADDITIONAL REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.

 

If you meet the requirements for registering with Crestline, including being qualified as an “accredited investor” (as that term is defined under Regulation D promulgated under the Securities Act of 1933) and also deemed a “qualified purchaser” (as that term is defined under Section 3(c)(7) under the Investment Advisers Act of 1940), you may become a “Registered User” of the Site.

 

1. TERMS AND CONDITIONS

 

By accessing, viewing or using the materials or services available on or through the Site you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and that you accept these Terms of Use and agree to be legally bound by them.

 

The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to and understanding of all such terms, conditions, and notices. Crestline reserves the right to change the terms, conditions, and notices under which the Site and the information and services offered through the Site are offered without further notice to you. Your continued use of the Site will signify your agreement with and understanding of any additional or modified terms, conditions or notices applicable to the Site.

 

While Crestline uses reasonable efforts to update the information on the Site, Crestline makes no representations or warranties as to the accuracy, reliability, timeliness or completeness of any information at the Site. Any content at the Site is subject to change without notice.

 

2. GRANT OF REGISTERED USER LICENSE

 

The Site and the materials and information available on or through it are provided by Crestline as a service to you. You are hereby granted a limited, non-exclusive, revocable and nontransferable license to use the Site conditioned on your continued compliance with these Terms of Use.

 

Users may print and download materials and reports from the Site provided that all hard copies contain all copyright and other applicable notices contained in the originals of such materials and reports. The use of any such material on any other Web site or networked computer environment is prohibited.

 

Except as otherwise expressly permitted herein or under an agreement between you and Crestline, you may not modify, copy, distribute, broadcast, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise use any information, products, services or material obtained from or through the Site. As a further condition of use of the Site, you warrant to Crestline that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use and you will comply with any applicable local, state, national, or international laws or regulations when using the Site.

 

Nothing at the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at the Site. No act of downloading or otherwise copying from the Site will transfer title to any software or material at the Site to you. You may not decompile, reverse engineer, disassemble, or otherwise reduce any computer files obtained from the Site to a human-perceivable form. Anything that you transmit to the Site becomes the property of Crestline, may be used by Crestline for any lawful purpose (subject to any further agreement between you and Crestline), and is further subject to disclosure as deemed appropriate by Crestline, including to any legal or regulatory authority to which Crestline is subject. Crestline reserves all rights with respect to copyright and trademark ownership of all material at the Site, and will enforce such rights to the full extent of the law.

 

3. NATURE OF SITE

 

The Site is provided solely for the purpose of providing information and news about securities markets, hedge funds, hedge fund managers and other alternative investments. Only Registered Users who are accredited investors will be able to access the password-protected portions of the Site.

 

While the information contained on the Site has been obtained from sources believed reliable, neither Crestline nor any information provider guarantee that the information on the Site is accurate, timely, valid or complete or make any warranties with regard to the results that have or may be obtained from its use.

 

IF YOU ARE IN ANY DOUBT AS TO WHETHER THIS WEB SITE CAN BE LAWFULLY USED BY YOU DO NOT USE THE SITE.

 

4. NO INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS

 

The information on the Site is intended for informational, educational and research purposes only. Crestline does not provide recommendations, investment advice or any other advice to you or any other party through the Site, and no information or material at the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Accordingly, Crestline does not offer advice regarding the quality or suitability of any investment or of any investment manager and assumes no responsibility or liability for any investment decisions or advice, treatment, or services rendered by any person or entity mentioned, featured or linked to on the Site.

 

Neither the information nor any opinion contained on the Site constitutes investment advice or an offer or a solicitation by Crestline for the purchase or sale of any securities, futures, options or other financial instruments. This material and any views expressed herein are provided for informational purposes only and should not be construed in any way as an endorsement or inducement to invest with any hedge fund or other alternative investment program or any investment manager or advisor mentioned. Before making any investment decision, seeking any investment manager’s or advisor’s services or investing in any hedge fund or other alternative investment program, you are advised to consult with your broker or other financial advisor to verify pricing and other information and/or do such other due diligence as may be appropriate under the circumstances, including reading and examining thoroughly the relevant disclosure documents and/or offering memorandum. Crestline shall have no liability for investment decisions based upon, or the results obtained, from the content provided herein.

 

5. INTELLECTUAL PROPERTY RIGHTS

 

All material contained on or available through the Site, unless otherwise indicated, is protected by law including, but not limited to, copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations.

 

Except as expressly provided herein, Crestline does not grant any express or implied right to users of the Site under any patent(s), copyright(s), trademark(s), or trade secret information. Accordingly, unauthorized use of any material contained on the Site by you will violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and other regulations and statutes.

 

The contents of the Site are Copyright © 2008, Crestline Investors, Inc. All rights reserved. Crestline also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site’s content.

 

Crestline and all other names, logos, and icons identifying Crestline’s products and services are proprietary marks of Crestline, and any use of such marks without the express written permission of Crestline is strictly prohibited. Other product and company names mentioned herein may be the trademarks of their respective owners.

 

6. PRIVACY POLICY

 

Crestline considers your personal data to be private. You acknowledge that you have read Crestline’s internet Privacy Policy posted on the Site. All information collected in the course of your using the Site (including your qualification as a Registered User of the Site) or otherwise, including any individual logging or click-stream data gathered in course of navigating the Site, is strictly for internal purposes and will be kept confidential at all times. We may capture and record information on our server logs from your browser when you interact and use the Site including your IP address, cookie information and the page(s) you request regarding your IP address generally for use in administering the Site, customizing the content you see, fulfilling your requests for certain services and information, and contacting you. Cookies are alphanumeric identifiers that we may transfer to your computer hard drive through your Web browser to enable our systems to recognize that browser. Your IP address may be used to help identify you and your patterns and processes and to gather broad demographic and current interest information that we may then use for generic reports posted on the Site.

 

The registration process requires Registered Users to give Crestline contact information, unique identifiers, financial information and demographic information. This information is used to qualify you as a Registered User and may also be used, with a Registered User’s prior permission, to send Registered Users relevant and timely information.

 

7. SITE SECURITY

 

The Site may contain links to other Web sites (See “Links to Other Sites” below). Crestline is not responsible for the privacy practices or the content of such Web sites. The Site has strict security measures in place to protect against the loss, theft, misuse and/or alteration of the information contained on the Site. Employees are kept aware of the security policies in place in respect of the Site.

 

8. REGISTERED USER ID AND PASSWORD POLICY

 

Use of certain portions of the Site requires both Registered User ID information and a Password. During the Registered User registration process for the Site, users choose a unique Registered User ID and a Password to become a Registered User and to gain access to the restricted areas of the Site. One Registered User can only use each Registered User ID and corresponding Password. Anyone with knowledge of both a Registered User ID and Password can gain access to the restricted portions of the Site and the information available to each Registered User. Accordingly, the Registered User must make every effort to keep secret its Password.

 

If you experience any problems reaching Crestline or the Site through any particular method, you may contact us at bpflug@Crestlineinc.com.

 

9. CONFIDENTIALITY ON INTERNET

 

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Crestline has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed.

 

Accordingly, Crestline and its affiliates are not responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Site and must make your own determination as to these matters.

 

10. SECURITY OF SITE

 

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Crestline reserves the right to view, monitor, and record activity on the Site without notice or permission from you.

 

Any information obtained by monitoring, reviewing, or recording is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible criminal activity on the Site. Crestline will also comply with all lawful court orders and governmental, regulatory and law enforcement requests involving such information.

 

11. LINKS TO OTHER SITES

 

Crestline may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information and services or otherwise. Crestline has not reviewed the content of any site owned by a third party that may be linked to the Site and exercises no control over such sites.

 

Accordingly, Crestline expressly disclaims any responsibility and shall not be liable for the content (or any errors, misrepresentations, or omissions therein), the accuracy and timeliness of the information, the download, transmission or delivery of any such information and/or quality of products or services provided by or advertised on these third-party Web sites.  Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.  See “Disclaimers.”

 

12. EVENTS BEYOND CRESTLINE’S CONTROL

 

You expressly absolve and release Crestline and its affiliates and each of their respective officers, directors, members, partners, shareholders, employees, agents, advisors and representatives (collectively, “Crestline and Its Affiliates”) from any claim of harm resulting from a cause beyond Crestline’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist attacks, or governmental restrictions.

 

13. DISCLAIMERS

 

THE MATERIALS AT THE SITE ARE PROVIDED “AS IS.” SUCH MATERIALS HAVE BEEN GATHERED AND DERIVED FROM SOURCES BELIEVED TO BE RELIABLE, HOWEVER CRESTLINE HAS NOT INDEPENDENTLY VERIFIED THE INFORMATION AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING REGARDING THE ACCURACY, TIMELINESS, VALIDITY OR COMPLETENESS OF THE INFORMATION, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OR THAT THE SERVICE WILL REMAIN UNINTERRUPTED.

 

CRESTLINE FURTHER ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, FUNCTIONS OR SERVICES CONTAINED AT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CRESTLINE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USE OF THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

THE INFORMATION ON THE SITE IS INTENDED FOR INFORMATIONAL, EDUCATIONAL AND RESEARCH PURPOSES ONLY. ACCORDINGLY, CRESTLINE AND ITS AFFILIATES, DO NOT RECOMMEND, SOLICIT OR OFFER ANY INVESTMENT THROUGH THE SITE AND SHALL NOT BE LIABLE FOR ANY INVESTMENT DECISIONS, ADVICE, LOSS OF PROFITS, COSTS OR ANY OTHER INDIRECT DAMAGES RELATING TO THE SUITABILITY, ADEQUACY, VALIDITY, ACCURACY, TIMELINESS, DELAY OR COMPLETENESS OF ANY INFORMATION ON THE SITE.

 

WITH RESPECT TO THE PERFORMANCE DATA PRESENTED ON THE SITE, YOU SHOULD NOTE THAT PAST PERFORMANCE IS NOT NECESSARILY AN INDICATION, AND IS NOT A GUARANTEE, OF FUTURE PERFORMANCE.

 

UNAUTHORIZED USE OF ANY MATERIAL CONTAINED ON THE SITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, TRADE SECRET LAWS, THE LAWS OF PRIVACY AND PUBLICITY, AND OTHER REGULATIONS AND STATUTES. FOR ANY AUTHORIZATION REQUESTS, PLEASE CONTACT US AT BPFLUG@CRESTLINEINC.COM.

 

14. LIMITATION OF LIABILITY AND INDEMNITY

 

Under no circumstances, including, but not limited to, negligence, shall Crestline and Its Affiliates be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in the Site, even if Crestline and/or Its Affiliates have been advised of the possibility of such damages. In no event will Crestline and Its Affiliates have any liability to you for damages, losses and causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) for accessing the Site.

 

You agree that your breach of these Terms of Use may result in irreparable harm to Crestline which cannot be compensated by money damages, and that Crestline shall be entitled to obtain injunctive relief for any such breach.

 

You agree to defend, indemnify, and hold harmless Crestline and Its Affiliates and their respective attorneys, licensors, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on the information available or through the Site, and any breach by you of these Terms of Use or other improper act or omission.

 

15. GOVERNING LAW

 

The Site is controlled and operated by Crestline Investors, Inc., Crestline Management, L.P. and Crestline Research Associates, Inc. from their respective offices in the United States. Crestline makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of the Site are illegal is prohibited. Those who choose to access the Site from other locations do so on their own accord and are responsible for compliance with applicable local laws.

 

16. TERMS AND TERMINATION

 

These Terms of Use take effect at the time you begin using the Site, thereby indicating acceptance of these Terms of Use, and, at each use thereafter, you shall be deemed to have reaffirmed your acceptance of these Terms of Use. Crestline reserves the right at any time in its sole discretion to deny you or any Registered User access to the Site or any portion thereof and to terminate these Terms of Use. Termination will be effective without notice.

 

17. WAIVER

 

Failure to insist on strict performance of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Crestline of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

 

18. ADMISSIBILITY

 

A printed version of these Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

19. SEVERABILITY

 

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use, and, if possible, the then invalid or unenforceable provision will be deemed superseded and replaced by a valid, enforceable provision that most clearly matches the intent of the original provision.

 

20. RESERVATION OF RIGHTS

 

Any rights not expressly granted herein are reserved.

 

21. ENTIRE AGREEMENT

 

The Terms of Use and internet Privacy Policy and other terms and conditions and similar provisions that may be applicable to you regarding specific services or features of the Site (all of which are hereby incorporated as if set forth fully herein), represent the entire agreement between you and Crestline with respect to use of and material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Crestline with respect to the Site.

 

 

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