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Terms and Conditions of Use
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.
Unregulated Collective Investment Scheme
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.
Copyright and Proprietary Rights
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.
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.
Inbound links and Requirements
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.
Third Party Content and Links
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.
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.
Limitation of liability
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.