Terms of Use.

 

TERMS OF USE

By accessing this website and any materials presented herein (the “Site”), you accept in their entirety and without modification the following terms and conditions (“Terms of Use”) pertaining to the use of the Site.  Cantilever Advisors LLC (“Cantilever” or the “Firm”) reserves the right to change the terms, conditions and notices under which the Site is offered without notice at any time.  Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.  If you do not agree with the Terms of Use, you are not granted permission to access or otherwise use the Site.

No Offer of Securities; No Advice

THE SITE AND THE INFORMATION INCLUDED HEREIN IS FOR GENERAL INFORMATION PURPOSES ONLY.  UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL ON THE SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, COMMODITY, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY Cantilever OR ANY OF ITS AFFILIATES OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY Cantilever OR ITS AFFILIATES.  ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF THE APPLICABLE CONFIDENTIAL PRIVATE PLACEMENT MEMORANDUM OF EACH SUCH INVESTMENT FUND OR OTHER APPLICABLE DOCUMENT, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO INDIVIDUALS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS AS DETERMINED FROM TIME TO TIME BY Cantilever IN ITS SOLE AND ABSOLUTE DISCRETION. An investment in any strategy, including the strategIES described herein, involves a high degree of risk.  There is no guarantee that the investment objective will be achieved.  Past performance of these strategies is not necessarily indicative of future results.  There is the possibility of loss and all investment involves risk including the loss of principal. 

The Site is also not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on the Site should be construed as a recommendation, by Cantilever, its affiliates or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction.  You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.

All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses, and any copyright or proprietary notices, including those contained in these Terms of Use. 

No Reliance; No Warranty

While Cantilever uses reasonable efforts to update the information contained on the Site, Cantilever makes no representations or warranties as to the accuracy, reliability or completeness of any information on the Site.  Any content of the Site is subject to change without notice.  Neither the Site, nor any information presented on the Site, is intended as a recommendation to purchase or sell any commodity or security.  Cantilever has no obligation to update, modify or amend this Site or to otherwise notify a user thereof in the event that any matter stated herein, or any opinion, projection, forecast or estimate set forth herein, changes or subsequently becomes inaccurate.

Ownership

Cantilever owns and maintains the Site.  Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of Cantilever, any of its affiliates and/or any other entity described on the Site.  No act of downloading or otherwise copying from the Site will transfer title to any software or material to any user hereof.  Cantilever reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site.

Third Party Websites

Cantilever is responsible only for the content of this Site and it has no control over other websites that may be accessible from this Site, the contents therein or the products/services offered thereby. Hyperlinks to or from this Site do not constitute third party endorsement of, sponsorship by or affiliation with Cantilever.

Limitation of Liability; Indemnification

IN NO EVENT SHALL CANTILEVER, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS, ADVISORS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, TRADING, PROFITS, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, USE, OPPORTUNITY OR DATA; (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE; OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF CANTILEVER, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS, ADVISORS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR COULD HAVE FORESEEN THE DAMAGES. FURTHER, CANTILEVER WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OF USE OR WITH APPLICABLE FEDERAL, STATE AND/OR LOCAL LAWS.

These limitations of liability will apply regardless of: (i) any negligence or gross negligence of any Cantilever party or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.

You hereby agree to indemnify, defend, and hold Cantilever, its affiliates and their officers, directors, members, principals, investors, agents and employees harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms of Use or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any claim. Cantilever 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 Cantilever.

Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site.