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Please read these terms and
conditions of use (“Terms of Use”) carefully before using
the Penrich Active Capital Management (“Penrich”) web site
(the “Site”). By using this Site, you agree that your
use will be governed by these Terms. Penrich may
revise and update these Terms and any such modifications
will be effective immediately upon posting. You
continued usage of the Site will mean you accept those
changes.
The information and contents of the
Site, including but not limited to, all such as text,
graphics, images software applications and code, video,
audio, user interface design, and other material (“Content”)
is for informational, educational, and non-commercial
purposes only.
The Content of the Site is not
intended to provide advice or recommendations for any
individual or entity and should not be construed as
business, financial, investment, hedging, trading, legal,
regulatory, tax, or accounting advice. You should not
use any Content as the basis for any investment decisions.
Many factors unknown to Penrich may affect the applicability
or legality of Content for your particular circumstances.
You must consult your business advisor, attorney, and tax
and accounting advisors with regard to your own situation or
that of any entity which you represent or advise before
acting upon any information on the Site.
No information or opinion (including
without limitation any information describing any investment
portfolio or to the Penrich Global Macro Fund) expressed on
the Site is intended or should be regarded as an offer,
invitation, inducement or as a solicitation of an offer by
Penrich or any of its affiliate companies to any person to
buy, sell or otherwise deal in any particular investment, or
otherwise make any investment or divestment or to engage in
investment activity.
Because of the global nature of the
Internet, you agree to comply with all local rules with
respect to your account and your online conduct, including
all laws, rules, codes, and regulations of the country in
which you reside and the country from which you access this
Site, including without limitation, all laws, rules, codes,
regulations, decrees, acts, orders, directives, legislation,
bills, and statutes pertaining to tax, contracts,
intellectual property, securities, e-commerce, banking,
technology, computers, fraud, and privacy.
The information provided on the Site
must not be used by, or distributed to, any person or entity
in any jurisdiction or country where such use or
distribution would be contrary to law or regulation or which
would subject Penrich or its affiliates to any registration
requirement within such jurisdiction or country.
Please be aware that some products,
services, product features or underlying investment options
described on this Site may not be available in your
jurisdiction. The laws of each country, state,
or territory may differ and not all products and services
are available in all locations. References to products or
services unavailable in your jurisdiction do not imply that
these products will be made available to you. The Site does
not constitute an offer, invitation or inducement by anyone
in any jurisdiction in which such offer, invitation or
inducement is not lawful or in which the person making such
offer, invitation or inducement is not qualified to do so or
to anyone to whom it is unlawful to make such offer,
invitation or inducement. It is your responsibility to
inform yourself of, and to observe, all applicable laws and
regulations of any relevant jurisdictions in this regard.
Penrich Capital Macro Fund is not
available to residents, nationals or citizens of the United
States of America or US Persons.
Some of the information on the Site
relates to the Penrich Global Macro Fund (“Fund”) which is
categorised as an unregulated collective investment scheme
by the Financial Services Authority (“FSA”) in the UK. Any references
made to the Fund are for background purposes only, do not
purport to be full or complete and do not constitute
investment advice.
The Site contains no offer for the
Fund. An offer for the Fund can only be made by means of a
confidential offering memorandum, and only in jurisdictions
where is it lawful, and only by authorised representatives,
and only to individuals who meet investor suitability and
sophistication requirements.
Certain statements contained on this
Site are statements of future expectations and other
forward-looking statements that are based on Penrich's
current view and assumptions and involve known and unknown
risks and uncertainties that could cause actual results,
performance or events to differ materially from those
expressed or implied in such statements. Actual results,
performance or events may differ materially from those in
such statements due to, without limitation: general economic
conditions; performance of financial markets, including
emerging markets; interest rate levels; currency exchange
rates; increasing levels of competition; changes in laws and
regulations; changes in the policies of central banks and/or
foreign governments; and general competitive factors (in
each case on a global, regional and/or national basis).
Penrich does not undertake any
obligation to correct or update any forward-looking
statements on this Site.
Penrich grants you a limited, revocable, nonexclusive,
nontransferable license to view, store, bookmark, download,
and print the pages within this Site solely for your
personal, informational, and noncommercial use if you
include the following copyright notice: "Copyright (c) 2005
Penrich Active Capital Management. All rights
reserved" and other copyright and proprietary rights notices
that are contained in the Content.
All trademarks, service marks, logos,
URLs and domain names, registered or not, appearing on this
Site (the “Marks”) are the exclusive property of Penrich and
other parties. Nothing contained on this Site
should be construed as granting any license or right in or
to any of the Marks.
The Content is the property of
Penrich or its third party licensors and is protected by
international copyright laws and conventions, international
treaties and other intellectual property laws. Any use
of the Content not expressly permitted by these Terms is a
breach of these Terms and may violate copyright, trademark,
and other laws. All copyright, patent,
trademark, and other proprietary rights not expressly
granted herein are reserved to Penrich or its third party
licensors. Except as expressly permitted by such third
party licensors, you may not reproduce, redistribute,
broadcast, retransmit, publish or otherwise transfer, or
commercially exploit, any such materials.
If you violate any of these Terms and
Conditions, your permission to use the Content automatically
terminates and you must immediately destroy any copies you
have made of any portion of the Content.
The Site may only be used for its
intended purpose. You agree not to use the Site or any
information it contains for any unlawful purpose, and you
shall comply with any request of Penrich to protect its
rights. Except as otherwise stated in these
Terms, you may not:
Modify, copy, distribute,
transmit, post, display, perform, reproduce, publish,
broadcast, download, upload, license, create derivative
works from, transfer, sell, or exploit any Content or
Marks on, generated by or obtained from this Site,
whether through links or otherwise or use any aspect of
the Site or its Content for commercial or public
purposes or for any other purpose not expressly
permitted by these Terms;
Redeliver any page or Content on
this Site using "framing" or other technology;
Probe, scan, or test the
vulnerability of any Content, services, systems,
networks, servers, or accounts related to this Site or
attempt to gain unauthorized access to Content,
services, systems, networks, servers, or accounts
connected or associated with this Site through hacking,
password or data mining, or any other means of
circumventing any access-limiting, user authentication
or security device of any Content, services, systems,
networks, servers, or accounts related to this Site;
Use, modify, download, transmit,
copy, obscure, remove, or display Penrich’s name, logo,
trademarks, text, notices, or images without Penrich’s
express written permission;
Include any Mark or executive's
name, or any variation of the foregoing, as a meta-tag,
hidden textual element, or any other indicator that
creates an impression of affiliation, sponsorship, or
endorsement or any other relationship between this Site,
Penrich or any Penrich affiliate and any other Web site,
person, entity or organization;
Engage in any conduct that could
damage, disable or overburden (i) this Site, (ii) any
Contents or services provided through this Site, or
(iii) any systems, networks, servers, or accounts
related to this Site, including without limitation,
using devices or software that provide repeated
automated access to this Site, other than those made
generally available by Penrich directly or indirectly.
Except as specifically provided in
these Terms hyperlinks (“links”) to the Site may not be
created. Any third-party site that links to the Site:
may not redeliver any page or
Content on this Site using "framing" or other
technology, or otherwise alter the appearance of the
Site;
may only link to the homepage of
the Site;
may not modify, copy, distribute,
transmit, post, display, perform, reproduce, publish,
broadcast, download, upload, license, create derivative
works from, transfer, sell, or exploit any Content or
Marks on, generated by or obtained from this Site,
whether through links or otherwise or use any aspect of
the Site or its Content for commercial or public
purposes or for any other purpose not expressly
permitted by these Terms;
may not use any Mark of Penrich
or copyrighted images as part of any link or on the site
without express written permission of Penrich;
may not contain content that is
illegal, offensive, obscene, libelous, defamatory,
pornographic, or inappropriate for all ages;
may not present false information
about products or services of Penrich or its affiliates;
may not include any Mark or
executive's name, or any variation of the foregoing, as
a meta-tag, hidden textual element, or any other
indicator that creates an impression of affiliation,
sponsorship, or endorsement or any other relationship
between this Site, Penrich or any Penrich affiliate and
any other Web site, person, entity or organization; and
must agree that the link may be
removed at any time upon request.
Domain names and trademarks
third-party sites, or contained in information accessed at
third-party sites, are the sole property of their respective
owners. Penrich is not responsible for, and does
not prepare, edit, or endorse, the content, advertising,
products, or other materials on or available from any
website owned or operated by a third party that is linked to
this Site via hyperlink. The fact that Penrich
has provided a link to a third party's website does not
constitute an implicit or explicit affiliation with,
endorsement of, authorization of, or sponsorship by Penrich
with respect to such website, its owners, providers, or
services. No warranties or representations whether express
or implied (including, without limitation, non-infringement
of third party rights, freedom from viruses or other harmful
code) are given. Your use of the linked sites
may be subject to terms and conditions contained in those
sites, which you should locate and carefully review.
You will use any such third-party content at your own risk
and Penrich is not responsible for the content or privacy
practices of such third party sites.
From time to time, Penrich may
provide information on the Site supplied by third parties.
Any opinions, advice, statement, services, offers, or other
information expressed or made available by a third party,
are those of such third party and not Penrich. Penrich does
not independently verify the information provided by third
parties, does not guarantee the accuracy, completeness,
timeliness or correct sequencing of such information, and
assumes no liability or responsibility for Content displayed
on this Site that may be provided by another party.
Whilst Penrich endeavours to keep our
anti-virus software up-to-date Penrich is under no
obligation to monitor the Site and assumes no responsibility
or liability should its content be modified or altered in
any way without Penrich's consent. This and other factors
beyond our control may cause you to be subject to security
and privacy exploitations when accessing the Site and its
Contents, including, eavesdropping, sniffing, spoofing,
hacking, breaking passwords, harassment, exposure to
objectionable material, posturing, and/or other security or
privacy hazards.
Penrich reserves the right without
obligation, to access, archive, or monitor any use of the
Site, or your use of the Site and your communications to the
Site. By using the Site, you accept our right to
access, archive, or monitor usage to ensure service quality,
to comply with regulations and laws, to evaluate the Site,
the security of the Site, compliance with these Terms, or
for any other reason. You agree that our
monitoring activities will not entitle you to any cause of
action or other right with respect to the manner in which
Penrich monitors your Site usage and enforce, or fail to
enforce, these Terms.
Penrich may automatically collect
certain information about you, such as the type of browser
or computer operating system you use, or the domain name of
any third-party site you followed a link to us from.
Penrich may use this information to monitor, or restrict
access to the Site or modify its content. Penrich may use
cookies or other similar text files or programs when you
visit certain parts of the Site.
Details about our privacy policy are
available when you are asked to provide personal
information.
Availability
The Site and any services might not
be continuously available, and your access may be restricted
to regular periods, or irregularly. Penrich is not required
to make the Site or any services available, or to continue
to make the Site or any services available. Penrich reserves
the right to prevent access for any reason.
Portions of the Site are
password-protected and are accessible only to users who have
been issued passwords by Penrich, or an authorized
representative, or as part of an on-line registration
process within the Site.
It is your responsibility to maintain
the security and confidentiality of your account
information, logins, security questions and answers,
username and password that you use to access any page or
feature on this Site, and for logging off of your account
and any protected areas of the Site. Further,
you are fully responsible for all activities and use of the
Site occurring under your account, login, security questions
and answers, username and password that result from your
negligence, carelessness, misconduct, or failure to use or
maintain appropriate security measures. You must notify
Penrich immediately if you suspect or become aware of any
suspicious or unauthorized conduct, disclosure or
unauthorised use of your accounts, user names, logins,
security questions and answers, or password. Penrich
will not be responsible for any breach of security caused by
your failure to maintain the confidentiality of your
username and password. You must never share your
password with anyone. We may disable or cancel your username
and password or otherwise disable access to the Site or any
services for any reason.
You agree not obtain or attempt to
obtain unauthorized access to such parts of our Site, or to
any other protected Content or information, through any
means not intentionally made available by Penrich for your
specific use. Unauthorized individuals attempting to access,
or actually accessing, these areas can be subject to
criminal and/or civil prosecution.
The use of the Site and the Content
is at your own risk.
When using the Site, information will
be transmitted over a medium that may be beyond the control
and jurisdiction of Penrich and its suppliers.
Accordingly, Penrich assumes no liability for or relating to
the delay, failure, interruption, or corruption of any data
or other information transmitted in connection with use of
the Penrich Site.
THE SITE AND THE CONTENT ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS. PENRICH,
ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.
Without limiting the foregoing, Penrich, its licensors, and
its suppliers make no representations or warranties about
the following:
Any interruption of or error in
the services under any circumstances, including, but not
limited to, Penrich’s negligence;
Failure of or delay in
performance directly or indirectly caused by acts of the
user, its agents, employees, or subcontractors, causes
beyond the control of Penrich, including but not limited
to acts of God and governments and failures of the
internet or the components thereof;
That any Content, service,
product or function, including without limitation any
downloadable files or emails, available at this Site or
any linked Web site is free of a computer virus, worm,
trojan horse, timebomb or other destructive or harmful
program, software, code or device which may erase,
scramble, lock or disable any computer software, content
or equipment or may prevent users from using a Web site
or any other item of hardware or software;
Content displayed on the Site has
not been changed or modified through malicious attacks.
Some jurisdictions do not allow the
exclusion of certain implied warranties in which event any
required warranty applies to the minimum extent legally
required.
You hereby agree to indemnify, defend
and hold Penrich, its affiliates and their respective
officers, directors, members, principals, investors, agents
and employees (the “Indemnitees”) harmless from and against
any and all claims, losses, damages, suits, fees, judgments,
costs and expenses (collectively “Claims”), including
reasonable attorneys’ fees incurred in responding to such
Claims, that the Indemnitees may suffer or incur arising out
of or in connection with any improper access to or use of
this Site or breach by you of these Terms or any of the
representations, warranties and covenants made by you
herein. You shall cooperate as fully as reasonably
required or requested in the defense of any Claim.
Penrich 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
Penrich. This indemnification shall be binding upon
you and your executors, administrators, heirs, successors
and permitted assigns.
UNDER NO CIRCUMSTANCES SHALL PENRICH,
ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
ON THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL
INJURY/WRONGFUL DEATH, LOST PROFITS, REVENUE, INCOME,
GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, DAMAGES
CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR
COMMUNICATIONS LINE FAILURE, OR DAMAGES RESULTING FROM LOST
DATA OR BUSINESS INTERRUPTION) THE COST OF PROCURING
SUBSTITUTE GOODS OR SERVICES, CAUSED BY THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT OR ANY
PRODUCTS OR SERVICES PROVIDED HEREIN) WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
EVEN IF PENRICH, ITS LICENSORS IT SUPPLIERS OR ANY THIRD
PARTIES MENTIONED ON THE SITE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow
the limitation or exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion
may not apply to you.
Penrich, its licensors, its
suppliers, or any third parties mentioned on the Site shall
be liable only to the extent of actual damages incurred by
you, not to exceed U.S. $1000. Penrich, its
licensors, its suppliers, or any third parties mentioned on
the Site are not liable for any personal injury, including
death, caused by your use or misuse of the Site or Content.
Any claims arising in connection with your use of the Site
or any Content must be brought within one (1) year of the
date of the event giving rise to such action occurred.
Remedies under these Terms are exclusive and are limited to
those expressly provided for in these Terms.
You hereby agree that you shall not
use any information contained in this website or the links
to this website in any claims, proceedings, suits, actions,
regulatory complaints or any adversarial process against
Penrich Active Capital Management. Your sole remedy for
dissatisfaction with your use of the Site is to stop using
the Site.
If any provision of these Terms is
held to be invalid or unenforceable in any jurisdiction,
such provision shall be deemed modified to the minimum
extent necessary so that such provision shall no longer be
held to be invalid or unenforceable, and these Terms shall
be interpreted so as to achieve the intent expressed herein
to the greatest extent possible in the jurisdiction in
question. Any such modification, invalidity or
unenforceability shall be strictly limited both to such
provision and to such jurisdiction.
The failure or delay to exercise a
right or remedy provided by these Terms or by law, or a
continued course of such conduct on our part, does not
constitute a waiver of the right or remedy or a waiver of
other rights or remedies. No single or partial
exercise of a right or remedy provided by these Terms or by
law prevents further exercise of the right or remedy or the
exercise of another right or remedy. All rights and remedies
granted to us in these Terms are cumulative and not
exclusive of any other rights or remedies which Penrich
otherwise has at law or equity.
You shall not assign or transfer or
purport to assign or transfer any of your rights or
obligations under this Agreement without the written consent
of Penrich. Penrich shall be entitled to assign
or transfer all or any of our rights and/or obligations
under these Terms to any of Penrich’s subsidiaries and
affiliated companies located anywhere in the world without
requiring any further consent from you. Penrich
may assign or subcontract any or all of its rights and
obligations under these Terms.
All provisions of these Terms that by
their nature are intended to survive its expiration or
termination shall survive the termination or expiration of
these Terms.
These Terms and any other documents
referenced herein, constitutes the entire agreement between
the parties with respect to the subject matter hereof, and
supersedes all other communications, including but not
limited to all prior agreements, between the parties with
respect to such subject matter.