WEBSITE DISCLAIMERS; TERMS OF USE AND PRIVACY POLICY

 

 

GENERAL DISCLAIMER

 

This site is not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this site should be construed as a recommendation by Folius Ventures LLC (“Folius”), its affiliates, or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. An investment in any strategy involves a high degree of risk and there is always the possibility of loss, including the loss of principal. Nothing in this site may be considered as an offer or solicitation to purchase or sell securities or other services.

 

By accessing this website and any materials presented herein (the “Site”), you accept in their entirety and without modification the Terms of Use and Privacy Policy conditions pertaining to the use of the Site. Folius reserves the right to change the terms, conditions and notices under which this Site is offered without notice at any time. You acknowledge and agree that Folius may restrict, suspend or terminate the terms of use or your access to, and use of, all or any part of the Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of the terms of use as determined in Folius’ absolute discretion, and without prior notice or liability. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use. If you do not agree with the Terms of Use and Privacy Policy, you are not granted permission to access or otherwise use the Site..

 

TERMS OF USE

 

By accessing this website and any materials presented herein (the “Site”), you accept in their entirety and without modification the following terms and conditions (“Terms of Use”) pertaining to the use of the Site.  Folius reserves the right to change the terms, conditions and notices under which the Site is offered without notice at any time.  Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.  If you do not agree with the Terms of Use, you are not granted permission to access or otherwise use the Site.

 

No Offer of Securities; No Advice

 

THE SITE AND THE INFORMATION INCLUDED HEREIN IS FOR GENERAL INFORMATION PURPOSES ONLY.  UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL ON THE SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY FOLIUS OR ANY OF ITS AFFILIATES OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY FOLIUS OR ITS AFFILIATES.  ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF THE APPLICABLE CONFIDENTIAL OFFERING MEMORANDUM OF EACH SUCH INVESTMENT FUND OR OTHER APPLICABLE DOCUMENT, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO INDIVIDUALS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS AS DETERMINED FROM TIME TO TIME BY FOLIUS IN ITS SOLE AND ABSOLUTE DISCRETION. An investment in any strategy, including the strategIES described herein, involves a high degree of risk.  There is no guarantee that the investment objective will be achieved.  Past performance of these strategies is not necessarily indicative of future results.  There is the possibility of loss and all investment involves risk including the loss of principal. 

 

The Site is also not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on the Site should be construed as a recommendation, by Folius, its affiliates or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction.  You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.

 

Views expressed in “posts” by any individuals (including any podcasts, videos, and social media) are those of the individual quoted therein and are not the views of Folius. Any opinions expressed on this Site are subject to change.

 

All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses, and any copyright or proprietary notices, including those contained in these Terms of Use. 

 

No Reliance; No Warranty

 

While Folius uses reasonable efforts to update the information contained on the Site, Folius\ makes no representations or warranties as to the accuracy, reliability or completeness of any information on the Site.  Any content of the Site is subject to change without notice.  Neither the Site, nor any information presented on the Site, is intended as a recommendation to purchase or sell any commodity or security.  Folius has no obligation to update, modify or amend this Site or to otherwise notify a user thereof in the event that any matter stated herein, or any opinion, projection, forecast or estimate set forth herein, changes or subsequently becomes inaccurate.

 

Ownership

 

Folius owns and maintains the Site.  Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of Folius, any of its affiliates and/or any other entity described on the Site.  No act of downloading or otherwise copying from the Site will transfer title to any software or material to any user hereof.  Folius reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site.

 

PRIVACY POLICY

 

In using portions of the Site, you may be asked to provide Folius with personal information about you, your relatives and/or other persons affiliated or designated by you. Personal information is any information that can be used to identify or contact a specific individual or company.

 

Cookies, Analytics and Traffic Data

 

Cookies are small text files which are transferred from our website, applications or services and stored on your device. Our cookies are typically session cookies (temporary cookies that identify and track users within our websites, applications or services  which are deleted when you close your browser or leave your session in the application or service) but may in the future be persistent cookies (cookies which enable our website to “remember” who you are and to remember your preferences within our website, applications or services  and which will stay on your computer or device after you close your browser or leave your session in the application or service).

We may keep a record of traffic data which is logged automatically by our servers, such as your Internet Protocol (IP) address, device information, the website that you visited before ours and the website you visit after leaving our site. We also collect some site, application and service statistics such as access rates, page hits and page views. We are not able to identify any individual from traffic data or site statistics.

You may be able to configure your browser or our website, application or service to restrict cookies or block all cookies if you wish, however if you disable cookies you may find this affects your ability to use certain parts of our website, applications or services.

Using Your Personal Data/Information

 

Folius may use personally-identifiable information for its own internal purposes, or on behalf of its affiliates. Folius will not transfer, sell or disclose such personal information to any other third party without the applicable persons prior consent, except as may be required by law (such as a subpoena, search warrant or other court order, or pursuant to the order of any regulatory body having jurisdiction over Folius, its affiliates or funds managed by Folius or its affiliates) or to protect the integrity of the Site. In general, Folius’ business practices limit access to personal information obtained through use of the Site to those members of its personnel who need to know such information to conduct the operations of Folius, its affiliates or funds managed by Folius or its affiliates. Folius maintains physical, electronic and procedural safeguards designed to protect such information from unauthorized access or use. Folius will use personal information obtained through your use of the Site only in accordance with the Privacy Policy in effect at the time such information was provided. Folius reserves the right to change this Privacy Policy at any time and to apply such changes retroactively.

 

By providing Folius with data: (i) you acknowledge and agree that due to the international operations of Folius and its affiliates, Folius may provide personal information, in accordance with this Privacy Policy, to Folius’ affiliates that may be outside your resident jurisdiction, and that such data may be stored on servers located in other jurisdictions; and (ii) you consent to the transfer of such data outside of the United States as described in this Privacy Policy. If you do not consent to the terms of this Privacy Policy, please do not use the Site, and, if you have provided personal identifying data, please contact Folius about how you would like Folius to handle such data.

 

No Warranty

 

Folius, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND. Folius HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.

 

You acknowledge that you are aware that by using this Site you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards.

 

Folius, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, FUNCTIONS CONTAINED AT THIS 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. Folius, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OF KIND 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 THIS SITE.

 

Links to Third Party Web Sites

 

Folius is responsible only for the content of this Site and it has no control over other websites that may be accessible from this Site, the contents therein or the products/services offered thereby. Hyperlinks to or from this Site do not constitute third party endorsement of, sponsorship by or affiliation with Folius.

Limitation of Liability; Indemnification

 

IN NO EVENT SHALL Folius, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, TRADING, PROFITS, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, USE, OPPORTUNITY OR DATA; (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE; OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF Folius, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR COULD HAVE FORESEEN THE DAMAGES. FURTHER, Folius WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OF USE OR WITH APPLICABLE FEDERAL, STATE AND/OR LOCAL LAWS.

 

These limitations of liability will apply regardless of: (i) any negligence or gross negligence of any Folius party or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.

 

Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site.

 

You hereby agree to indemnify, defend and hold Folius, its affiliates and their officers, directors, members, principals, investors, agents and employees harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms of Use or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any claim. Folius reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Folius.

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