PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
1. USERNAME AND PASSWORD. Pinnacle Fund Administration LLC ("PFA") makes the Site available only to its clients and other persons expressly authorized by PFA. The Site contains confidential, nonpublic information and is intended only for the use of the individual or entity that has been specifically authorized to view the information. In consideration of being granted a username and password and permitted access to the Site, the user hereby acknowledges having read and understood these Terms of Use and agrees to be bound hereby. Subsequent use of any username and password issued by PFA shall be deemed to constitute full acceptance by the user of these Terms of Use. As a condition to this authorization, the user agrees that any copy which he or she makes of any report or information contained on the Site shall retain all copyright and other proprietary notices contained therein, and that any other use of documents published on the Site without prior written approval from PFA is strictly prohibited.
2. USE OF INFORMATION AND MATERIALS. The information and materials contained in the Site, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of the Site and PFA's systems including but not limited to unauthorized entry into PFA's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Your eligibility for particular products and services is subject to final determination by PFA and/or its affiliates. The investment funds described on the Site have not been registered under the federal securities laws of the United States, the securities laws of any state, or the laws of any other jurisdiction. The information and materials contained in the Site do not constitute a recommendation or solicitation to purchase or sell any security or make any other type of investment or investment decision. In addition, such information is not intended to provide tax, legal or investment advice. In the event of any discrepancy between information displayed on the Site and information sent in paper or "hard copy" form to any user from time to time, the information contained in the hard copy version shall be deemed to be correct.
3. LINKS. The site may contain links to web sites controlled or offered by third parties (non-affiliates of PFA). PFA hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked to the site. By creating a link to a third party web site, PFA does not endorse or recommend any products or services offered or information contained at that web site, nor is PFA liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of PFA and the third party website may provide less security than the PFA site.
4. NO WARRANTY. The information and materials contained in the site, including text, graphics, links or other items are provided "as is", "as available". PFA does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
5. LIMITATION OF LIABILITY. In no event will PFA or its affiliates, officers, directors, employees or agents be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if PFA, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
6. THIRD PARTY INFORMATION. From time to time, information, including news, company reports and other data, prepared by outside parties (non-affiliates of PFA) may appear on the Site. By accepting these Terms of Use, the user acknowledges that such third party information is for the user's personal use only and that the user will not retransmit or republish it in any form. The user acknowledges that any such third party information is obtained from sources believed to be reliable, is provided solely on a best efforts basis for the user's convenience, and that no representations, warranties or guarantees are made by PFA or any provider of such third party information as to the accuracy, completeness, timeliness or correct sequencing thereof. Third party information has been prepared as of the date(s) indicated and may become unreliable because of subsequent market or economic circumstances. Neither PFA nor the provider of such information is under any obligation to update such information or continue to offer such information.
7. SUBMISSIONS. All information submitted to PFA via the Site shall be deemed and remain the property of PFA and PFA shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to the Site provides PFA through the Site. Nothing contained herein shall be construed as limiting or reducing PFA's responsibilities and obligations to customers in accordance with the PFA Privacy Policy.
8. AVAILABILITY. The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
9. ADDITIONAL TERMS. Certain sections or pages on the Site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Nothing contained herein shall supersede, alter or nullify the terms of any other agreements an investor has made or will make with Pinnacle Fund Administration LLC or any affiliate thereof.
10. GOVERNING LAW; INJUNCTIVE RELIEF. All applicable Federal laws of the United States of America and the laws of the State of Connecticut shall govern use of the Site. The user hereby acknowledges and agrees that PFA may be harmed irreparably by any violation of this Agreement and that PFA shall be entitled to injunctive relief to enforce this Agreement. The user hereby agrees to waive any requirement for the securing or posting of any bond in connection with such remedy.
11. ACCEPTANCE OF TERMS OF USE. By clicking on the "I Accept" button below, the user acknowledges that the user has read these Terms of Use and understands them and agrees to be bound hereby. If the user does not agree to any of the Terms of Use, PFA is not willing to grant the user access to the Site, and the user should click on the "I Do Not Accept" button below to discontinue the registration process. In such case, the user will be unable to access the Site.