This webpage (together with the documents referred to on it) outlines the terms of use (the “Terms”) on which you may make use of our website www.HedgeServ.com (the “Site”). Please read these Terms carefully before you start to use the Site. By using the Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using this Site.
HedgeServ.com is a Site operated by HedgeServ Holding L.P. and its affiliates HedgeServ Corporation, HedgeServ Limited, HedgeServ LLC, and HedgeServ (Cayman) Ltd. (collectively “We”).
HedgeServ’s affiliate, HedgeServ Limited is authorized by the Central Bank of Ireland under Section 10 of the Irish Investment Intermediaries Act, 1995 to provide the administration of collective investment schemes, including the performance of valuation services or fund accounting services or acting as transfer agents or registration agents for such funds, in respect of units or shares in undertakings for collective investments in transferable securities within the meaning of European Communities (Undertakings for Collective Investments in Transferable Securities Regulations, 1989 (S.I. No. 78 of 1989), and any subsequent amendments thereto, units in a unit trust, shares in an investment company, capital contributions to limited partnerships.
HedgeServ’s affiliate, HedgeServ LLC is a company organized under the laws of Delaware and is authorized to do business in the State of Illinois, USA, to provide services to hedge funds and funds of hedge funds including, maintaining fund’s accounts, calculating a fund’s net asset value, maintaining a fund’s principal corporate records, communicating with shareholders, accepting the subscriptions of new shareholders, making redemptions of the shares, and ensuring compliance with the laws of the US (including but not limited to anti-money laundering regulations).
HedgeServ’s affiliate, HedgeServ (Cayman) Ltd. is a company incorporated under the laws of the Cayman Islands and is authorized by the Cayman Islands Monetary Authority as a Mutual Fund Administrator under Section 11 of The Mutual Funds Law (as amended), to provide services to exempted companies, segregated portfolio companies, unit trust and limited partnerships including, maintaining fund’s accounts, calculating a fund’s net asset value, maintaining a fund’s principal corporate records, communicating with shareholders, accepting the subscriptions of new shareholders, making redemptions of the shares, and ensuring compliance with Cayman Islands laws and regulations (including but not limited to anti-money laundering regulations).
Access to this Site is permitted on a temporary basis and we reserve the right to withdraw or amend the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms, and that they comply with them.
We are the owner or the licensee of all intellectual property rights in the Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organization to material posted on the Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified licensors and/or contributors) as the authors of material on the Site must always be acknowledged. You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
We aim to update the Site regularly, and may change the content at any time. If the need arises we may suspend access to the Site or close the Site indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
THE INFORMATION AND CONTENT ON THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE SITE ITSELF OR THE CONTENT OF THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO CONTENT OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
NEITHER WE, NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS INCORPORATED IN THE SITE OR ANY THIRD-PARTY SITE ACCESSED THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT ,CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES AND WE EXPRESSLY EXCLUDE ANY LIABILITY FOR: LOSS OF INCOME OR REVENUE; LOSS OF BUSINESS; LOSS OF PROFITS (WHETHER DIRECT OR INDIRECT) OR CONTRACTS; LOSS OF ANTICIPATED SAVINGS; LOSS OF DATA; LOSS OF GOODWILL; WASTED MANAGEMENT OR OFFICE TIME; AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
The information on this Site is for informational purposes only and is subject to change without notice. Products and services described on this Site may not be suitable for all users. The contents hereof do not constitute an offer or a solicitation to buy or sell any financial instrument, product or service. FURTHERMORE, THE CONTENTS HEREOF ARE NOT INTENDED FOR ACCESS BY, DISTRIBUTION TO, OR USE BY, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH ACCESS, DISTRIBUTION OR USE WOULD BE CONTRARY TO LOCAL LAW OR REGULATION.
The foregoing does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The Site must not be framed on any other site nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on the Site other than that set out above, please address your request to info@HedgeServ.com.
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or their content or for any loss or damage that may arise from your use of them.
These Terms are governed by Irish law. The Irish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site.
If you have any concerns about material which appears on the Site, please contact info@HedgeServ.com.
Thank you for visiting the Site.