Terms of Use

Terms and Conditions

 

These Terms and Conditions were last modified October 2015.

VESBOLT, Ltd., and each of its affiliates (collectively, “VESBOLT”) is pleased to provide you with information, content, tools, products and services on the VESBOLT Sites (the term “VESBOLT Sites” refers to all VESBOLT websites, as well as to their content including products and services). These Terms and Conditions also include important disclosures and information related to certain products and services. Your use of VESBOLT Sites is subject to these Terms and Conditions.

These Terms and Conditions are a binding agreement between you and VESBOLT. Your access to and use of this website constitutes your acceptance of these Terms and Conditions and any other legal notices and statements contained on this website. Your use of VESBOLT Sites is governed by the version of the Terms and Conditions in effect on the date each VESBOLT Site is accessed by you.

VESBOLT may modify these Terms and Conditions at any time and without prior notice. You should review the most current version these Terms and Conditions by visiting an VESBOLT Site and clicking on the Terms and Use hyperlink located at the bottom of the page. Your continued access to and use of this website constitutes your acceptance of these Terms and Conditions as modified. The only notice of changes or modification to these Terms and Conditions will be by VESBOLT publishing revised Terms and Conditions on this website; VESBOLT will not separately notify you of any changes or modifications.

These Terms and Conditions are in addition to any other agreements between you and VESBOLT, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the VESBOLT Sites.

 

USE OF VESBOLT SITES

 

The VESBOLT Sites are intended only for your personal, non-commercial use, unless you and VESBOLT have agreed otherwise in writing.

 

DISTRIBUTION AND RESPONSIBILITY OF VISITORS

 

The information on this website is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in VESBOLT Sites are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation.

It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject. Under no circumstances should any material at the Site be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any investment fund sponsored or managed by Vesbolt’s affiliates. Any such offer or solicitation can and will be made only by means of the Confidential Information Memorandum of each such investment fund, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of each such investment fund, including qualifying as qualified investors within the meaning of the Swiss Collective Investment Schemes Act (“CISA”). Access to information about the investment funds is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements.

 

LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICE

 

The VESBOLT Sites are not intended to provide legal, tax or investment advice. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.

 

INTELLECTUAL PROPERTY

 

The VESBOLT Sites are protected by applicable intellectual property laws. Except as expressly stated herein, you may not without VESBOLT’s prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any VESBOLT Site.

If you link from another website to an VESBOLT Site, your website, as well as the link itself, may not, without VESBOLT’s prior written permission, suggest that VESBOLT endorses, sponsors or is affiliated with any non- VESBOLT website, entity, service or product, and may not make use of any VESBOLT trademarks or service marks other than those contained within the text of the link.

The VESBOLT Sites, excluding third party content, are original works of authorship published by VESBOLT. VESBOLT has the exclusive rights to reproduce, display, prepare derivative works or distribute. The names, logos, trademarks, copyright and all other intellectual property rights in all of the material and software on this website are owned by VESBOLT or its licensors. All third-party owned materials contained on the website are reproduced with the permission of the respective owners.

 

VOID WHERE PROHIBITED

 

Although the VESBOLT Sites including the products and services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all jurisdictions, or appropriate or available for use in certain jurisdictions. VESBOLT reserves the right to limit, in its sole discretion, the products and services it makes available, the provision and the quantity to any person.

 

CONTENT AVAILIBILITY

 

VESBOLT reserves the right to change content, products and services, (including eligibility for particular features, products and/or services) without notice.

 

THIRD PARTY CONTENT AND RESEARCH

 

The VESBOLT Sites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the foreign exchange markets, other financial markets and other subjects.

Some of this content may be supplied by companies that are not affiliated with any VESBOLT Entity (“Third Party Content”). The source of all Third Party Content is clearly and prominently identified on VESBOLT Sites.

Third Party Content may be available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by applicable intellectual property laws and international treaties and is owned by or licensed from the Third Party Content provider(s) credited.

VESBOLT does not explicitly or implicitly endorse or approve such Third Party Content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor should their content be construed as legal, tax or investment advice.

While VESBOLT makes every attempt to provide accurate and timely information to serve the needs of users, neither VESBOLT nor Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and VESBOLT and Third Party Content providers specifically disclaim any liability for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

ACCURACY OF INFORMATION

 

While VESBOLT has made every effort to ensure the accuracy of the information on this website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting investors to make independent investment decisions. VESBOLT has taken reasonable measures to ensure the accuracy of the information on the Web site. However, VESBOLT does not guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Web site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this Web site.

All content on the VESBOLT Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

 

PROHIBITED USES

 

Because all servers have limited capacity and are used by many people, do not use VESBOLT Sites in any manner that could damage or overburden any VESBOLT server, or any network connected to any VESBOLT server. Do not use VESBOLT Sites in any manner that would interfere with any other party’s use of the VESBOLT Sites.

 

USE OF LINKS

 

The VESBOLT website may contain links to websites operated by other parties. VESBOLT does not control the content or accuracy of information on such websites and does not otherwise endorse the material placed on such sites. The links are provided for your reference only and VESBOLT excludes all liability and responsibility for the content or operation of these third party websites.

 

EXCLUSION OF WARRANTIES

 

VESBOLT DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE VESBOLT SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE VESBOLT SITES ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND VESBOLT DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

VESBOLT DOES NOT WARRANT THAT THE VESBOLT SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. VESBOLT ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE VESBOLT SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE VESBOLT SITES WILL MEET YOUR EXPECTATIONS.

 

DISCLAIMER AND LIMITATION OF LIABILITY

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VESBOLT WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, INVESTMENT LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE VESBOLT SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF VESBOLT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

EXCEPT AS OTHERWISE REQUIRED BY LAW, VESBOLT WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH VESBOLT DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

IF YOU LIVE IN A STATE, COUNTRY OR JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

 

As a condition of your use of the VESBOLT Sites, you agree to indemnify and hold VESBOLT and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the VESBOLT Sites, or from your violation of these Terms.

 

CONFIDENTIALITY

 

It is your obligation to keep VESBOLT accounts numbers and passwords confidential. You acknowledge and agree that any instruction or communication transmitted to you or on your behalf via any VESBOLT Site is made at your own risk. You authorize VESBOLT to rely and act on, and treat as fully authorized and binding upon you, any instruction given to VESBOLT that VESBOLT believes to have been given by you or on your behalf by any agent or intermediary whom VESBOLT believe in good faith to have been duly authorized by you. You acknowledge and agree that VESBOLT shall be entitled to rely upon your account number and/or password to identify you and agree you will not disclose this information to anyone not duly authorized by you.

Portions of the Site are password-protected and are accessible only to users who have been issued passwords by an authorized representative of Vesbolt. Passwords are issued only to current investors in an investment fund sponsored or managed by Vesbolt’s affiliates, or to prospective investors who are eligible to receive a Confidential Information Memorandum for one or more of those investment funds. Password-protected portions of the Site may contain performance information for the investment funds sponsored or managed by Vesbolt’s affiliates. Users of the Site acknowledge that past performance is not necessarily indicative of future results.

 

TERMINATION

 

VESBOLT reserves the right to terminate your usage of the VESBOLT Sites at any time, for any reason, with or without cause and without prior notice.

SEVERABILITY

 

If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

 

GOVERNING LAW AND JURISDICTION

 

Unless otherwise agreed, these Terms and Conditions and their enforcement are governed by the laws of British Virgin Islands, without regard to principles of conflicts of law, and shall inure to the benefit of VESBOLT’s successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with VESBOLT in British Virgin Islands, or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you irrevocably agree to submit to the jurisdiction of the British Virgin Islands courts located within the city and county of British Virgin Islands and hereby waive any objection to the convenience or propriety of venue therein. Provided however, that nothing herein shall prevent VESBOLT from bringing any action in the courts of any other jurisdiction.

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