Please read the following terms and conditions of use (“Terms”) before using the Continental Advisors LLC (“Continental”) website (this “Site”). By accessing and using this Site, you acknowledge that you have read, understood and agreed to these Terms. Your use of this Site and its features, hosted by Continental are subject to these Terms, which we may update from time to time. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. Continental, in its sole discretion, and at any time, may discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Continental will have no liability to you if this Site is discontinued or your ability to access it is terminated. If you do not agree with these Terms, you should immediately discontinue all use of this Site.
In connection with your use of this Site, Continental may be furnishing you with certain information concerning Continental and the funds it manages (the “Funds”). All content provided through or contained on this site, unless it is otherwise publicly available information, is considered to be “Confidential Information.” As a condition to your being furnished such information, you agree, on behalf of yourself, and your directors, officers, employees, agents, advisors, subsidiaries, affiliates, attorneys, accountants, consultants, or appraisers or other representatives (individually, a “Representative” and collectively, “Representatives”), as follows:
- You agree to use the Confidential Information solely for the purpose of evaluating services, securities, or investment products offered by Continental, including a potential investment in a Fund (each, a “Potential Investment”) and/or your existing investment in a Fund (together with a Potential Investment, where appropriate, an “Investment”) and for no other purpose.
- In the event that you are requested or required by law or regulation to disclose any Confidential Information or any information developed from Confidential Information, you agree, unless otherwise prohibited by law or regulation, to immediately notify Continental of such request.
- You understand and agree that by reason of the sensitive nature of the Confidential Information that Continental and the Funds shall be entitled to specific performance and injunctive relief as remedies for any such breach of this confidentiality provision. Such remedies shall not be deemed to be the exclusive remedies for any such breach, but shall be in addition to all other remedies available at law or equity to Continental and the Funds.
Unless and until a definitive agreement between Continental and you with respect to any Potential Investment has been executed and delivered, neither Continental nor you will be under any legal obligation of any kind whatsoever with respect to such a Potential Investment by virtue of this or any written or oral expression with respect to such a Potential Investment by any of Continental’s Representatives except, in the case of these Terms, for the matters specifically agreed to herein.
Communications with Continental/Your Account
On certain areas of Continental’s Site you may also be able to create a unique account that may be used solely by you. You may not share or transfer your account with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password. Continental will suspend access or change access to your account immediately upon notification by you that your password has been lost, stolen, or otherwise compromised.
By entering the Site you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Continental may be used by Continental anywhere, anytime, and for any reason whatsoever.
Electronic transmissions to and from this Site may not be encrypted or secure and may contain computer viruses or other defects, may not be accurately replicated on other systems, or may be intercepted, delayed or modified without the knowledge of the sender or the intended recipient. Continental makes no representations or warranties in relation to electronic transmissions, which are at your sole risk. Continental shall have no responsibility or liability for any damages arising from such electronic transmissions.
Informational Use/Limitation of Liability/No Warranties
The materials posted on this Site are intended for informational purposes only. Nothing contained on this Site constitutes investment, legal or tax advice. You should consult your own investment, legal and/or tax professionals regarding your specific situation. These materials do not constitute an offer to sell or the solicitation of an offer to purchase any security, investment product, or service, including any Fund. Offers to sell or the solicitation of offers to purchase investment in a Fund or any other securities will be made only in connection with the delivery of current confidential offering memoranda, information statements or disclosure documents obtained directly from Continental, and/or as required by applicable law. Any representation to the contrary is not permitted. These materials do not constitute a financial promotion, investment advice or an inducement or incitement to participate in any product, offering or investment, nor do they suggest, implicitly or otherwise, that Continental has received regulatory approval.
Continental strives to ensure that the information contained in this Site is accurate and reliable. However, Continental, the Internet, and your Internet connection are not infallible, and errors may sometimes occur. THEREFORE, CONTINENTAL HEREBY NOTIFIES YOU THAT THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CONTINENTAL DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE, INCLUDING WITHOUT LIMITATION THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CONTINENTAL WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURIES CAUSED BY USE OR INABILITY TO USE THIS SITE OR ANY FEATURE ON THIS SITE (SUCH AS VIRUSES, OMISSIONS, MISSTATEMENTS, MISTAKES, INTERRUPTIONS, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CONTINENTAL’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES). In no event shall Continental’s total liability for all damages, losses, and causes of action exceed five dollars ($5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, as a result, the above limitation or exclusion may not apply to you.
Although the Confidential Information includes material that Continental believes to be relevant for the purpose of your investigation and/or continued analysis, you understand that neither Continental nor any of Continental’s or the Funds’ Representatives have made or make any representation or warranty, express or implied, as to the accuracy or completeness of the Confidential Information, the Site, or any other information contained or found on the Site. You agree that none of Continental, the Funds or their respective Representatives shall have any liability to you or any other person resulting from the use of the Confidential Information, the Site, or information contained or found on the Site.
The strategies offered by Continental and investments in investment funds, including those managed by Continental, are speculative and involve a high degree of risk and are intended only for experienced and sophisticated investors. There are unique risks involved when investing in a particular Fund. You should carefully review each Fund’s offering materials and related information for specific risk and other information before investing. This Site does not list, and does not purport to list, the risk factors associated within an investment in any of the Funds.
You agree to indemnify and hold Continental, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms or any violation thereof by your Representatives or which arises from the use by you of this Site or the information contained or found therein.
Content on this Site provided by Continental or its licensors, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Continental Content”) is the property of Continental and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content provided by users of this Site (“Third Party Content”) is the property of the third parties that provided that content, and is used by Continental subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law.
You agree not to download, display or use any Continental Content or Third Party Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Continental, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Continental and/or its licensors, that dilutes the strength of Continental’s or its licensor’s property, or that otherwise infringes Continental’s or its licensor’s intellectual property rights. You further agree to in no other way misuse any Continental Content or Third Party Content that appears on this Site.
You agree that Continental is a party, and the Funds and their Representatives are deemed parties, to these Terms and as such, may rely upon and enforce the terms and conditions of these Terms. These Terms supersede all other prior agreements, including confidentiality agreements, whether written or oral, between the parties relative to the Confidential Information or the subject matter discussed herein. No provision of these Terms may be modified, waived, discharged, or terminated except by a separate writing signed by the parties to these Terms. The captions of these Terms are inserted for convenience only and shall not affect the meaning or interpretation of the provisions hereof.
Jurisdictional Issues/Governing Law/Disputes
Unless otherwise specified, the materials in or accessible through this Site are directed at residents of the United States. This Site is controlled and operated by Continental through its offices within the State of Illinois, United States of America. Continental makes no representation that materials in or accessible through this Site are appropriate or available for use in other locations or that access to them where you are located is not illegal and prohibited. Those who choose to access this Site from other locations do so at their own initiative and are responsible for establishing the legality under any or all applicable jurisdictions and in compliance with applicable local laws. You may not use or export the information or materials on this Site in violation of U.S. export laws and regulations. The information provided in or accessible through this 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 laws or regulations that would subject Continental to any registration or other requirement within such jurisdiction or country. We reserve the right to limit access to the Site to any person, geographic region or jurisdiction.
These Terms shall be governed by, and construed in accordance with, the laws of the State of Illinois. In the event of any litigation arising hereunder, you and the Funds agree to submit to the exclusive jurisdiction of the courts of the State of Illinois and of the United States located in the Cook County, Illinois.
Both you and Continental acknowledge and agree that no partnership is formed and neither of you nor Continental has the power or the authority to obligate or bind the other.
Force Majeure/No Waiver
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THE FOREGOING TERMS AND CONDITIONS AND BY PRESSING “SUBMIT” YOU AGREE TO ENTER INTO THIS BINDING AGREEMENT.