The following terms and conditions (these “Terms”) govern your access to and use of the Liquidox Alternative Fund LLC (together with its affiliates, “LiquidOx” or “we” or “us”) internet site located at www.LiquidOx.com and the subpages thereof, including the information, data, tools, software code, illustrations, graphics, other visuals, text, products, services and other content (collectively, the “Content”) available on or through that internet site or the subpages thereof (the web site, subpages, and Content collectively referred to as the “Website”)
By accessing the website you accept these terms in their entirety and you acknowledge and agree that you have read and agree to the terms and their provisions and that you have received a copy of these terms by viewing an internet page that contains a hyperlink to the another page where these terms are displayed, or by any other means
The terms “you” or “your” refer to both you and any other person or entity on whose behalf you are accessing the Website, as the context requires. We reserve the right to change these Terms at any time by posting modifications on the Website without prior notice to you.
If you do not agree to these Terms or any change thereto, you may refrain from visiting or using the Website.
By visiting or using the Website, you agree to the Terms posted on the Website at that time
Use of the Site
The Site is intended for use by individuals who are at least 18 years old and are able to enter into legally binding agreements. By using the Site, you represent that you meet these requirements and are fully able and competent to enter into and comply with these Terms of Use.
You agree to use the Site only for lawful purposes and in accordance with these Terms of Use. You may not use the Site:
● In any way that violates any applicable federal, state, local, or international law or regulation;
● To impersonate or attempt to impersonate LiquidOx, a LiquidOx employee, another user, or any other person or entity;
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by LiquidOx, may harm LiquidOx or users of the Site or expose them to liability.
Disclaimer; No Offer, Solicitation, or Advice
You acknowledge that: (a) we are a global investment management firm that only advises private investment funds that we have established and we do not provide investment advisory or similar services to any other clients; (b) under no circumstances should any information presented on the Website be used or construed as an offer, or solicitation of any offer, or other
form of invitation or inducement to sell or buy any securities, funds, or other investments; it should also not be used to provide a forecast, research, or advice regarding investments, or a recommendation to buy, sell, or hold any security, fund, or other investment, or to pursue any investment style or strategy; (c) we do not give any advice or make any representations as to whether any investment, investment strategy, or whether it is available, appropriate, or suitable in all countries or other locations or for all investors; (d) we make reasonable efforts to provide accurate content on the Website, but it may not necessarily be updated or corrected even if it is inaccurate, outdated, or otherwise inappropriate; and (e) we may change all or any portion of the Website at any time without prior notice to you. You agree that we are not liable for any action or decision you make as a result of relying on any Content.
All content available on or through the website is for informational purposes only. The website's content is not intended to be, and should not be construed as, investment, accounting, tax, or legal advice. If you would like investment, accounting, tax, or legal advice, you should consult with your own financial advisors, accountants, or attorneys about your specific circumstances and needs.
User Accounts
In order to access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to ensure that it remains accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your account is being, or is likely to be, used in an unauthorized manner.
LiquidOx reserves the right to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof, without notice or liability, if LiquidOx believes that you have violated these Terms of Use or any applicable law, rule, or regulation.
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by LiquidOx, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
● If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. You may only discuss the information obtained from the Website with your financial advisors, accountants, or attorneys, as well as others with whom you evaluate investment decisions.
Prohibited Uses
You agree not to use the Site to:
● Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
● Harm minors in any way;
● Impersonate any person or entity, including but not limited to a LiquidOx employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
● Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
● Engage in spidering, “screen scraping,” “database scraping,” or any other automatic or unauthorized means of accessing, logging in or registering on the Website, or obtaining lists of users or other information from or through the Website, including any information stored in any server or database connected to the Website;
● Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
● Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party;
● Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
● Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment;
● Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
● Delete any Content on the Website;
● Intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.
Linking to the Website
You agree not to link directly to any page, image, graphic, text, or other Content on the Website, such as using an “in-line” linking method, to cause any Content to be displayed on another website unless expressly permitted in writing by us. You agree not to download or use images, videos, or graphics hosted on this Website for any purpose, including posting such images on another website unless expressly permitted in writing by us. You agree not to link from any other website to this Website in such a way that the Website, or any page of the Website, is “framed,” surrounded, or obfuscated by any third-party content, materials, advertising, or branding. We may require that any link to the Website be discontinued, and/or revoke your right and ability to link to the Website from any website at any time.
Third-Party Web Sites
If the Website contains links to a third-party website or third-party websites linked to the Website ("Linked Sites"), such links do not constitute an endorsement or sponsorship by us of such sites or any of their contents, and we accept no responsibility for anything on Linked Sites. Any reliance on a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting from such use or reliance.
Trademarks
The LiquidOx name, the term “LiquidOx”, the LiquidOx logo, and all related names, logos, product and service names, designs, and slogans are trademarks of LiquidOx or its affiliates or licensors. You must not use such marks without the prior written permission of LiquidOx. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
Security
You are solely responsible for the security of your computer system, including using and maintaining appropriate anti-virus, firewall, and backup software. LiquidOx disclaims any responsibility or liability for any problem with your computer systems, including any Malware (as defined below) that your computer systems receive as a result of your use of the Website. “Malware” means: (i) program code or programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise adversely affect or without authorization access or delete any computer program, information, data, file or operation; or (ii) other code typically described as being malware, a virus, a Trojan horse, a worm, a backdoor or the like.
Location of Your Access to the Website
We control and operate the Website from our offices in the United States of America and any access or use of the Website will be deemed to be at our offices in the United States. We make no claims that the Website is appropriate or available for use in other locations. Individuals who choose to access the Website from other locations do so on their own initiative, and are responsible for complying with local laws and regulations, if and to the extent local laws or regulations are applicable. The Website is not directed to any person in any jurisdiction where the publication or availability of the Website is prohibited, due to that person’s nationality, residence, or otherwise. Persons subject to these restrictions must not access the Website.
Monitoring, Reporting, and Other Actions
We reserve the right to monitor and record activity on the Website for any or no reason. We may investigate any complaint or reported violation of our policies. We reserve the right to report any activity that we suspect may violate the laws or regulations to regulators, law enforcement officials, or other persons or entities as we deem appropriate. We may issue warnings, suspend or terminate the use of the Website, deny access to all or part of the Website, or take any other action as we deem appropriate, without notice. We reserve the right to terminate, change, suspend, limit, or discontinue any aspect of the Website or the its services, or your access to or use thereof, at any time, and for any reason or no reason, without prior notice.
Personal Information, Cookies & Privacy Policy
We are committed to respecting the privacy and the personal information of the individuals with whom we interact. We have developed a Privacy Policy that describes our privacy policies and practices, including how we collect, utilize, and disclose personal information from visitors to the Website, as well as how we use cookies. By accessing or using the Website or providing any personal information on the Website or otherwise to us, you consent to the collection, processing, use, and sharing of your personal information, as well as our use of cookies, as described in our Privacy Policy. Please see our Privacy Policy for further details.
Information Collection and Use
You authorize LiquidOx to share your identity and account data with third party vendors for the purposes of opening and supporting your account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your account through LiquidOx's application or website , and account notifications will be sent by LiquidOx. LiquidOx will provide customer support for your account activity and can be reached at customer.service@liquidox.com.
No Offer of Employment
Nothing on the Website constitutes an offer or promise of employment with LiquidOx with respect to the employment position described on the Website. Without notice, we may eliminate, modify or change any aspects of any employment described on the Website. Any employment offer that may result from your submission of information to us shall be made solely in accordance with the specific terms of such employment offer, not anything on the Website. By submitting your personal information to apply for a position with us, you affirm that all information contained within your submission is accurate and that you have the right to provide us with any and all information.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LIQUIDOX NOR ANY PERSON ASSOCIATED WITH LIQUIDOX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER LIQUIDOX NOR ANYONE ASSOCIATED WITH LIQUIDOX REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIQUIDOX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL LIQUIDOX, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless LiquidOx, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
Waiver and Severability
No waiver by LiquidOx of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LiquidOx to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.
Arbitration
You and LiquidOx agree that any dispute that arises between the parties relating to any of the Websites or these Terms that cannot be resolved informally will be submitted to binding arbitration pursuant to the rules of the American Arbitration Association in the state of Delaware. Regarding the resolution of any dispute, you understand that:
● Arbitration is final and binding. By agreeing to arbitration, you waive your right to resolve disputes in court, including the right to a jury trial. Arbitration is different from a court proceeding and is generally more limited. The arbitrator’s decision is not required to include factual findings or legal reasoning. Your right to appeal or seek to modify the arbitrator’s rulings is strictly limited.
● Additional Terms. Certain pages or Content on or accessible through this Website may contain separate terms and conditions, which are in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern such pages or Content, as the case may be.
Miscellaneous
By using the Website, you represent and warrant that you agree to abide by and that you are fully able and capable of complying with all of the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Your and our respective representations, warranties, obligations, rights, and remedies herein shall be deemed cumulative, and any party’s exercise of any one of its rights or remedies shall not preclude such party’s exercise of any other right or remedy then available to it (whether hereunder, another written, signed contract or at law or in equity). Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The Protected Persons are third-party beneficiaries of these Terms.
Nothing in these Terms, express or implied, is intended to or shall confer upon any other person other than you, us, or the Protected Persons any rights, benefits, or remedies of any nature whatsoever. Without limiting the generality of the foregoing, no provision herein shall be for the benefit of or enforceable by any of our or your creditors. You shall not assign these Terms or delegate any of your obligations under these Terms. Any purported assignment of these Terms in violation hereof is void.
The Terms constitute the entire understanding and supersede all other understandings, between you and LiquidOx concerning the subject matter hereof. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
As used in these Terms, unless the context otherwise requires, (i) words in the singular number or in the plural number shall each include the singular number and the plural number, (ii) the use of any gender shall include all genders, (iii) “including” (and any of its derivative forms, e.g. “includes”) means including but not limited to, and (iv) “will”, “should”, “must” and “shall” are expressions of command, not merely expressions of future intent or expectation.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: www.liquidox.com