AVIATOR CAPITAL – WEBSITE
PERSONAL AND NON-COMMERCIAL USE LIMITATION
If we provide you with a password, you must keep your username and password confidential. You may not allow others to use your username or password to access or use any part of the Website. If your password has been compromised for any reason, you should contact Aviator immediately for a new password. If you provide your password to any third party, you will be solely responsible for any actions taken by such third party using your password. All information on the non-public (i.e., password-restricted) areas of the Website is confidential and private and you may not disclose or distribute such information to any other person for any purpose and is made available solely for your personal use in connection with the purpose for which such information was provided.
You are prohibited from using the Website to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission of Aviator. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures that we may use to prevent or restrict access to the Website. Any rights not expressly granted herein are reserved.
NO SECURITIES OFFERING OR INVESTMENT ADVICE
The information on the Website is provided solely for information purposes regarding the nature of Aviator’s services. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The information in the Website should not be construed as Aviator’s endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information found on the Website, and Aviator urges you to make sure that you understand these risks before relying on, using or retrieving any information on the Website. You should evaluate the information made available through the Website, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information.
You acknowledge that any of your requests for information are unsolicited and any information shall neither constitute nor be construed as investment advice from Aviator to you or to form an investment advisory relationship, or any other client relationship between you and Aviator or any of its affiliates or employees. Aviator strongly recommends that you seek outside advice from an investment professional. Aviator does not guarantee the suitability or potential value of any particular investment or information source. Aviator may invest or otherwise hold an interest in companies or securities that may be discussed on the Website.
If you are an investor domiciled or having a registered office in a member state of the European Economic Area that has implemented the Alternative Investment Fund Managers Directive (Directive 2011/61/EU) in a manner that imposes disclosure, reporting or other obligations on Aviator or its affiliates, you, your affiliates, or representatives hereby represent that you have initiated discussion, correspondence, or other communications with Aviator or its affiliates or agents, which resulted in your requesting access to the Website and the information regarding any funds sponsored or managed by the Aviator. Neither Aviator nor its affiliates or agents at any time directly or indirectly contacted you with respect to the provision of investment services or investment in any investment fund sponsored or managed by Aviator or its affiliates prior to such unsolicited initiation of discussions, correspondence or other communication.
CONSENT TO ELECTRONIC DELIVERY
Users hereby consent to the electronic receipt by email or through this Website for communications, including financial reports, statements, and regulatory notices, if any, that may be required to be provided to such User by virtue of establishing a relationship with Aviator or one or more of its affiliates.
Users acknowledge that as users of the Website, they may come in possession of information that Aviator considers confidential. Confidential Information is defined to include any information contained within a password-restricted portion of this Website, including technical and business information relating to Aviator’s proprietary ideas or investment strategies; existing and/or contemplated products and services; marketing materials; offering materials; financial statements and investor information; and the identity of or nature of any relationships with investors and/or third party service providers, regardless of whether such information is designated as Confidential Information at the time of its disclosure.
To ensure the protection of such information and in consideration of the agreement to allow limited access to such information on the terms specified herein, Website users agree to use the Confidential Information only for the purpose that such information was provided and will not reproduce, commercially exploit, redistribute, broadcast or create any derivative work based on any portion of the Website, without the express permission of Aviator. Each user agrees that it will limit disclosure of Confidential Information within its own organization to directors, officers, partners, members and/or employees having a need to know and shall not disclose the Confidential Information to any third party without the prior express written consent of Aviator.
DISCLAIMERS AND LIMITATION OF LIABILITY
AVIATOR, AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED OR PRESENTED THROUGH THE WEBSITE. ANY CONTENT OF THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. AVIATOR HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY. AVIATOR DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT UNAUTHORIZED ACCESS TO OR MISAPPROPRIATION OF THE CONTENT WILL NOT OCCUR; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE WEBSITE. IN NO EVENT SHALL AVIATOR, AND ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THE INFORMATION, CONTENT OR WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE INFORMATION, CONTENT OR WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AVIATOR, OR ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, AND EMPLOYEES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MATERIALS ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, INFORMATIONAL MATERIALS AND ANY OTHER FUND OR FIRM SPECIFIC INFORMATION, HAVE BEEN PREPARED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL, LEGAL, REGULATORY, TAX OR ANY OTHER ADVICE. YOU SHOULD CONSULT WITH A PROFESSIONAL FINANCIAL ADVISOR AS WELL AS A LEGAL AND TAX ADVISOR TO ASSIST IN DUE DILIGENCE AS MAY BE APPROPRIATE IN DETERMINING THE SUITABILITY OF THE RISK ASSOCIATED WITH A PARTICULAR TRANSACTION. IN NO EVENT SHALL AVIATOR OR ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR WITH ANY DELAY IN USING THE WEBSITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE WEBSITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
OWNERSHIP OF CONTENT
What Information Do We Collect and How Do We Collect It?
In general, when you visit our Website, we do not collect personally identifiable information about you. When you request access to our Website, you will be asked to supply information such as your name, e-mail address, phone number and certain information regarding your qualification status as an “accredited investor” and/or as a “qualified purchaser.”
How Do We Use the Information?
Aviator takes reasonable precautions to protect its clients’ personal information by hiring an internet hosting provider that maintains physical, electronic and procedural safeguards that either meet or exceed applicable law. Please note, however, that no transmission over the internet can be 100% secure. Aviator also works to protect user information offline. All of your information is housed in secure, access-restricted areas. Only employees who need the information to perform a specific function are granted access to personally identifiable information.
Cookies are small text files that are stored on a user’s hard drive after the user has visited and/or registered with an online website. This Website does not store long-term cookies, but rather uses session cookies which expire when the user closes the web browser.
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or any other company in the Website are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of Aviator or that Aviator endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of Aviator.
LINKS TO THIRD-PARTY WEBSITES
The Website may contain hyperlinks to websites operated by parties other than Aviator, which Aviator may not have screened or reviewed and which may contain inaccurate, inappropriate or offensive material, products or services. Aviator does not control such websites, and Aviator assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. Aviator’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
MODIFICATION AND MONITORING OF WEBSITE
TERMINATION AND CANCELLATION
Aviator may modify or terminate the Website and terminate your access to the Website without notice at any time and for any reason.
JURISDICTIONAL ISSUES AND APPLICABLE LAW
This Website may contain forward-looking statements on our current expectations and projections about future events. Statements that are predictive in nature, that depend upon or refer to future events or conditions or that include words such as “expects,” “anticipates,” “intends,” “plans,” “believes,” “estimates,” “thinks,” and similar expressions are forward-looking statements. These statements involve known and unknown risks, uncertainties and other factors that may cause our actual results and performance to be materially different from any future results or performance expressed or implied by these forward-looking statements. These factors include, among other things, those matters discussed as “Risk Factors,” in our materials, as well as (1) general economic and business conditions; (2) new governmental regulations and changes in, or the failure to comply with existing governmental regulation, (3) legislative proposals that impact our industry or the way we do business, (4) competition, and (5) our ability to attract and retain qualified personnel.
Although we believe that these statements are based upon reasonable assumptions, we can give no assurance that our goals will be achieved. Given these uncertainties, prospective clients are cautioned not to place undue reliance on these forward-looking statements. We assume no obligation to update or revise any forward-looking statements contained on this website or provide reasons why actual results may differ.
 LL NTD: It is common to allow users to share information with their financial, legal and tax advisors. Is this language intended to limit such sharing?