Website Terms and Conditions

Please read the following Important Legal Information and Terms of Use (the “Terms of Use”) prior to using this website. By using or otherwise accessing this website you agree to the terms, conditions, policies, and restrictions governing the use of this website, which thus constitute a legal agreement between you and VIOS Partners, Inc. (“VIOS” and, together with its subsidiaries and affiliates, “VIOS”). VIOS may change, suspend or discontinue any aspect of this website at any time, including the availability of any feature, database, or the content therein. VIOS may also modify these Terms of Use with or without notice to you, and such modified Terms of Use shall be effective immediately upon posting. If you do not agree to abide by these terms and conditions, do not use this website. Your continued use of this website following the posting of any changes to the terms of use constitutes acceptance of such changes.

You must abide by any and all terms of use and policies posted on this website.

No Solicitation or Investment Advice

VIOS Management, L.P. (“VIOS Management”) is a registered investment adviser under the U.S. Investment Advisers Act of 1940. VIOS Partners Europe Limited (“VIOS Europe”) is authorized and regulated by the Financial Conduct Authority (“FCA”). VIOS Partners Asia Pte. Ltd. (“VIOS Singapore”) is regulated by the Monetary Authority of Singapore as a capital markets services license holder to conduct fund management activities.

The purpose of this website (including any portion of this website available only to investors) is limited to providing you with general information on VIOS’s services and philosophy. VIOS does not render or offer to render investment advice through this website. Nothing on this website constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied upon in connection with, any contract or commitment whatsoever. Nothing on this website constitutes or forms any offer, or an invitation to engage in any services of VIOS.

VIOS may only transact business, offer services or render investment advice in those jurisdictions where one or more of the VIOS entities are registered and/or have made the appropriate notice filing with such jurisdiction’s regulatory authority, or where VIOS is otherwise excluded or exempted from such jurisdiction’s registration and/or notice filing requirements.

United Kingdom

This website is a publication of VIOS. To the extent that materials on this website are directed at users in the United Kingdom, it is issued or approved by VIOS. Nothing herein is intended to constitute legal, accounting, tax, securities or investment advice, an opinion regarding the appropriateness of any investment, or an offer or a solicitation to buy or sell a security of any type (including, for the avoidance of doubt, a share or unit in an alternative investment fund as defined by the EU Alternative Investment Fund Managers Directive) or to engage in any other transaction. The contents of this website are intended for general information purposes only. VIOS’s investment advisory services are provided only to a limited number of private investment vehicles; VIOS does not make its services available to the public. Nothing contained on this website should be relied on in making any investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.

In the United Kingdom, this communication is only made to, or directed at, the following persons: (a) persons who have professional experience in matters relating to investments and who are “Investment Professionals” as defined in Article 14 of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 (the “CIS Exemptions Order”), (b) persons who are high net worth companies, unincorporated associations, partnerships or trusts falling within any of the categories of persons described in Article 22 of the CIS Exemptions Order, & (c) any other persons to whom it may otherwise lawfully be made (together, “Relevant Persons”). This communication is not addressed to, and must not be distributed to or acted on by, any person in the United Kingdom who is not a Relevant Person. Any investment or investment activity to which this communication relates is available only to the Relevant Persons and will be engaged in only with such persons.

VIOS Europe is regulated by the U.K. Financial Conduct Authority is an investment firm and is authorized to provide advisory and discretionary investment management activity to VIOS Management or other entities within the VIOS group. VIOS Europe is subject to the best execution requirements under the Markets in Financial Instruments Directive, which requires it to publish the top five execution venues in terms of trading volumes where client orders were executed in the preceding year and information on the quality of execution obtained for each class of financial instrument below. Please use the link below to access the report(s).

Singapore

To the extent that materials on this website are directed at users in Singapore, it is issued or approved by VIOS. Nothing herein is intended to constitute legal, accounting, tax, securities or investment advice, an opinion regarding the appropriateness of any investment, or an offer or a solicitation to buy or sell a security of any type (including, a collective investment scheme, a partnership or any other types of securities), or to engage in any other transaction.

Save for VIOS Singapore, none of the other VIOS entities (“Non-Singapore Entities”) are licensed, registered, authorized, or approved to carry on any regulated activities in Singapore. Nothing in this website is intended to constitute an offer for, or an invitation to engage in any services of the Non-Singapore Entities. Nothing in this website shall be construed as the Non-Singapore Entities holding themselves out to be licensed, registered, authorized, or approved to carry on any regulated activities in Singapore.

The contents of this website are intended for general information purposes only. VIOS’s investment advisory services are provided only to a limited number of private investment vehicles; VIOS does not make its services available to the public. Nothing contained on this website should be relied on in making any investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.

In Singapore, this communication is only made to or directed at, the following persons: (a) persons who have accredited investors as defined under the Securities and Futures Act, Cap 289; and (b) persons who are institutional investors as defined under the Securities and Futures Act, Cap 289 (“Singapore Relevant Persons”). This communication is not addressed to, and must not be distributed to or acted on by, any person in Singapore who is not a Singapore Relevant Person. Any investment or investment activity to which this communication relates is available only to the Singapore Relevant Persons and will be engaged only with such persons.

 

Limited Right of Use/Ownership of Contents

The contents of this website are intended for the personal, noncommercial use of its users. All materials published on this website (the “Content”) are protected by copyright, trademark, and all other applicable intellectual property laws, and are owned and controlled by VIOS or a party credited as the provider of such Content. Except as specifically set forth in these Terms of Use (or to the extent permission is mandated by applicable law), you may not reproduce, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit any of the Content or software forming part of this website in whole or in part.

VIOS reserves the right to terminate at any time, and without notice, any user’s access to this website.

Disclaimers, Limitation of Liability, and Indemnification.

VIOS hereby disclaims all warranties, conditions, and representations of any kind with regard to this website, including any implied warranties or conditions of satisfactory quality, merchantability, non-infringement of third-party rights, freedom from viruses or other harmful code, or fitness for a particular purpose.

This website and the information contained herein are provided “as is.” The information contained on this website is gathered from sources deemed to be reliable; however, VIOS does not warrant the accuracy, adequacy, or completeness of the information and material contained on this website as of the viewing date and expressly disclaims liability for errors or omissions in such information and materials. VIOS does not make any commitment to update any material or information on this website.

VIOS is not liable for any consequential, incidental, special, punitive or exemplary damages or any loss of profits arising out of any use of, or inability to use, this website or any portion thereof, regardless of whether VIOS has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.

By accessing and/or using this website, you agree to indemnify, defend and hold VIOS and its respective officers, directors, partners, employees, members, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including without limitation reasonable attorney’s fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of a breach by you of these Terms of Use or the representations, warranties and covenants deemed made by you hereunder. You agree to cooperate as fully as reasonably required in the defense of any claim. VIOS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties, or requires any of the Indemnified Parties to take any action, without VIOS’s prior written approval.

There may be legal requirements in various countries and jurisdictions that may restrict the information that can be accessed. Persons who obtain information from this website should inform themselves about and observe any restrictions imposed in the jurisdiction in which this website is accessed.

Submitted Materials

Unless specifically requested, VIOS does not solicit, nor does VIOS wish to receive, any confidential, secret, or proprietary information or other material from you through this website, by email, through the “Contact Us ‘ feature, or in any other way. Any materials submitted or sent on or through this website in any manner (collectively, “Submitted Materials”) will be deemed not to be confidential or secret and may be used by us in any manner consistent with these Terms of Use. By submitting Submitted Materials on this website, you: (i) represent and warrant that you either own your Submitted Materials, or that you have the necessary licenses, rights, consents, and permissions to use such Submitted Materials and submit them to this website; and (ii) you grant VIOS a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use such material (in whole or part) in any manner and/or to incorporate it (in whole or in part) in other works (including, without limitation, this website), products or services in any form, media, or technology now known or later developed. VIOS is not obligated to review any Submitted Materials. VIOS cannot be responsible for maintaining any Submitted Material you provide to this website, and we may delete or destroy any such Submitted Material at any time.

User Conduct

Without limitation of the other terms and conditions set forth herein, while accessing or using this website, the Content and/or the various other features available on this website, you agree that you shall not:

  1. impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from this website or VIOS;
  2. use, redistribute, republish or exploit any part of this website or any Content for any commercial or promotional purposes;
  3. obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through this website through any means, including through means not intentionally made publicly available or provided for through this website;
  4. engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on this website, or obtaining lists of users or other information from or through this website including, without limitation, any information residing on any server or database connected to this website;
  5. use this website, the Content or its features and services in any manner that could interrupt, damage, disable, overburden or impair this website or interfere with any other party’s use and enjoyment of this website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
  6. use this website or the Content (including by submitting Submitted Materials) to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
  7. upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful components, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
  8. disclose any sensitive, proprietary, or confidential information, about yourself or anyone else;
  9. attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this website;
  10. or use this website or its services (or any Content), in whole or in part, or submit any information to this website, in violation of any applicable law, rule, or regulation.

Hyperlink Policy

Certain places on this website may include live ‘links’ to other Internet addresses that can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions or organizations independent of VIOS. VIOS does not endorse, approve, certify, or control these external Internet websites and does not guarantee or assume responsibility for the accuracy, completeness, efficacy, or timeliness of the information located at such websites, nor does VIOS warrant that such websites are free from claims of copyright, trademark, or other infringement of the rights of third parties or that such websites or content are devoid of viruses or other contamination. Use of any information obtained from such websites is voluntary, and at such user’s own risk, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by VIOS. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through such other sites.

Copyright and Trademarks

Copyright 2015 VIOS. All Rights Reserved. VIOS Partners, VIOS Management, VIOS Partners Europe, VIOS Partners Asia, VIOS Partners Australia, and the VIOS logo, and all derivatives thereof, are trademarks and/or service marks of VIOS and may not be used without the express written consent of VIOS. All other marks are property of their respective owners. Any copying of information or documents published on this website without prior written approval from VIOS is strictly prohibited.

Miscellaneous

These Terms of Use constitute the entire agreement between you and VIOS and govern your use of this website and any services offered through this website. This agreement supersedes any prior terms of use or other agreements concerning the subject matter hereof between you and VIOS.

These Terms of Use and the relationship between you and VIOS shall be governed by, and construed and enforced in accordance with, the laws of the State of Minnesota without regard to its conflict of law provisions that might cause the application of the laws of another jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Minnesota for the resolution of any disputes arising out of or relating to these Terms of Use or this website.

The failure by VIOS to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and conditions of these Terms of Use shall remain in full force and effect.

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