R. G. Niederhoffer Capital Management, Inc. (“RGNCM”) acts as an investment manager or trading advisor to several hedge funds (“Funds”) and managed accounts. Such offerings are available only to clients who meet the investor suitability and sophistication requirements as determined from time to time by RGNCM at is sole and absolute discretion. RGNCM’s management and advisory services and products may not be appropriate for other types of prospective clients.
Use of the Website
You agree that: (i) you shall not use the Content and/or Website for any purpose that is contrary to, or is in violation of, any applicable law or regulation; and (ii) you shall use the Website and the Content exclusively for your personal, non-commercial informational purposes. Except as otherwise expressly provided herein, you may not modify, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, sell, copy or otherwise use in any other way any Content obtained on the Website. If you copy or download any Content you agree not to obscure, delete or modify any notices or legends contained therein.
Any client specific information available through the Website will be password-protected and accessible only to users with valid usernames and password. All user communications are encrypted for privacy, such that the contents of such communication between the user and the site cannot be read or forged by a third party. Notwithstanding this, the Internet is an open system and there is no absolute guarantee that the information you have retrieved will not be intercepted by others and decrypted, and you assume that risk in accessing the Website.
Only you are authorized to use your password. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You shall be responsible for all activity occurring under your username and/or password and you shall inform RGNCM immediately in the event that you learn or suspect that the security of your username and/or password has been compromised.
No Offer of Securities
THE MATERIAL PRESENTED ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT CONSTITUTE NOR BE CONSTRUED AS AN OFFER OR SOLICITATION TO MAKE ANY INVESTMENTS OR PURCHASE ANY SECURITIES. ANY SUCH OFFER OR SOLICITATION MAY ONLY BE MADE BY MEANS OF A CONFIDENTIAL OFFERING OR INFORMATION MEMORANDUM FOR A PARTICULAR SECURITY OR INVESTMENT. ACCESS TO INFORMATION REGARDING ANY SUCH INVESTMENTS OR SECURITIES IS LIMITED TO INVESTORS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS UNDER APPLICABLE U.S. FEDERAL SECURITIES LAWS.
RGNCM’s products and services are only available in jurisdictions where it is lawful to advertise and market these products and services. The Content has been prepared for informational purposes only without regard to any particular user’s investment objectives, or financial situation or position and RGNCM is not soliciting any action based upon them.
RGNCM does not assume any liability or guarantee for the timeliness, accuracy and completeness of the information provided. RGNCM uses reasonable efforts to obtain information from sources which it believes to be reliable; however, RGNCM makes no representation that the information or opinions contained on this Website are accurate, reliable or complete. The information on this Website is provided for informational purposes only and is subject to change without notice. Nothing contained on this Website constitutes investment, legal, tax or other advice by RGNCM nor should anything on this Website be relied upon in making an investment or other decision. You should consider obtaining relevant and specific professional advice before making any investment decision. RGNCM makes no representations as to the reliability or accuracy of the information, opinions or suggestions provided to investors by third parties, including agents/advisors, and assumes no liability with respect to the same.
The Website may contain links to third-party Websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for such External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
Disclaimer of Warranties and Limitation of Liability
THE CONTENT AND THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. RGNCM DOES NOT WARRANT THAT THE CONTENT OR THE WEBSITE WILL BE FIT OR SUITABLE FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. RGNCM ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, THE FUNCTIONS AND INFORMATION CONTAINED IN THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, WILL BE TIMELY OR ERROR-FREE, OR WILL CONTAIN NO VIRUSES OR OTHER HARMFUL COMPONENTS. RGNCM SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
IN NO EVENT WILL RGNCM, ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND/OR OFFICERS, DIRECTORS AND/OR EMPLOYEES OF ANY OF THE FOREGOING (COLLECTIVELY, THE “RGNCM PARTIES”) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST TIME, LOST MONEY, LOST PROFITS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, BUSINESS INTERRUPTION OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEBSITE. IN NO EVENT WILL ANY OF THE RGNCM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEBSITE.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE RGNCM PARTIES FOR SUCH DAMAGES SHALL BE LIMITED TO THE LEAST LIABILITY PERMITTED BY LAW.
User Must Comply with Applicable Laws
This Website is based in and operated from New York, NY. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
The following sections shall survive the termination and/or expiration of this Agreement: Use of the Website; Disclaimer of Warranties and Limitation of Liability; Indemnification; Termination of Agreement; and General.