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Please read the following terms and conditions of use (these “Terms”) carefully before using this website (“Site”). These Terms govern your access and use of this Site. By visiting and/or using this Site, or any part of it, you agree to be bound by these Terms without limitation or qualification.

 

Avanto Partners, LP and its affiliated companies (collectively, “Avanto”) may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms to which you are bound.

 

Accessing this Site

Access to this Site is permitted on a temporary basis, and Avanto reserves the right to withdraw or amend the information, materials, and other content provided on this Site without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period.

From time to time, Avanto may restrict access to some parts of this Site, or this entire Site, to users. Without limiting the foregoing, access to specific areas of this Site requires the usage of a login identification and a password. If you have a login identification and password, you are responsible for the activities that occur in connection with their usage and, as such, should take steps to protect them from misuse. If you become aware of any unauthorized use, loss, or theft of your login identification and/or password, you must immediately inform a representative of Avanto.

You are also responsible for ensuring that all persons who access this Site through your internet connection are aware of these Terms, and that such persons comply with these Terms.

Non-United States-resident persons choosing to view or make use of this Site do so on the basis that they have informed themselves of any regulatory or other consequences of their doing so and do so at their own risk. Access to this Site is not open to persons resident in, or citizens of any jurisdiction outside of the United States where, to allow such access would require any registration, filing, application for any license or approval or other steps to be taken by Avanto in order to comply with local laws or other regulatory requirements in such jurisdiction.

 

No Advice Provided; Not an Offer of Advisory Services or Securities

The purpose of this Site is to inform visitors as to the business and activities of Avanto and the experience of certain of Avanto’s personnel and staff. The information on this Site, including all opinions or other content, is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting, or other professional advice or services and is for information purposes only.

This Site and the information contained herein do not constitute and should not be construed as an offering of any advisory services or an offer to sell or solicitation to buy any securities or other financial instruments or services in any jurisdiction. Responses to any inquiry that may involve the rendering of personalized investment advice or effecting or attempting to effect any transaction in securities or other financial instruments will not be made absent compliance with applicable laws or regulations (including broker dealer, investment adviser, or applicable agent or representative registration requirements), or applicable exemptions or exclusions therefrom.

Nothing in this Site should be regarded as constituting the provision of investment advice by Avanto nor of any other regulated activity. This Site is not a substitute for independent professional advice and users of this Site should obtain appropriate professional advice relevant to their particular circumstances on such matters as they deem appropriate. The Site must not be relied upon in connection with any investment decision.

Please note that Avanto will not regard any user of this site (in such user’s capacity as such) as its client for any purpose, including but not limited to, purposes associated with applicable securities laws and/or applicable laws that regulate investment advisers or investment advisory services generally, and will not owe any duties to any such user, including but not limited to, in accordance with the provisions of applicable laws that regulate the relationship between an authorized investment firm or adviser and its clients.

 

Forward-looking Statements; Past Performance; Investment Risk

This Site may include forward-looking statements. These forward-looking statements are typically identified by terminology such as “may”, “should”, “will”, “expects”, “anticipates”, “plans”, “intends”, “believes”, “estimates”, “projects”, “predicts”, “seeks”, “potential”, “continue”, or other similar terminology or by discussion of strategy, plans, objectives, goals, future events, or intentions. Any such forward-looking statement is based on Avanto’s expectations, assumptions, estimates, and projections about future events at the date of publication. Actual outcomes are subject to numerous risks and uncertainties that could cause them to differ materially from those expressed or implied in a forward-looking statement. Given these inherent risks and uncertainties, you should not rely on forward-looking statements. Avanto has no obligation to update or otherwise revise any forward-looking statements to reflect the occurrence of unanticipated events or for any other reason. No representation or warranty is made as to whether assumptions that may be made on the Site will be proved to be correct or whether future results will occur as projected or will be attained.

If and to the extent that the Site contains information regarding the past performance of any investments, you should be aware that this information has not been audited or verified by an independent party. Past performance is not indicative of future results, and Avanto makes no representation, and it should not be assumed, that past investment performance is an indication of future results. The value of any investment may fall as well as rise and there is no assurance that investors will get back any amount invested. Certain of Avanto’s strategies involve investments that are illiquid, are subject to a substantial risk of loss, and are not suitable for many investors.

 

Intellectual Property Rights

All trademarks, service marks, trade names, and logos displayed on this Site are proprietary to Avanto or others. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the written permission of Avanto or such other third party that may own the trademark displayed on this Site. Your use of the trademarks displayed on this Site, except as provided herein, is strictly prohibited.

 

The use of the images displayed on this Site by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you download any information from this Site, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

The content contained in this Site is protected by copyright laws. Accordingly, you may not copy, distribute, modify, post, or frame this Site, including any text, graphics, video, audio, software code, user interface design, or logos. You may download material displayed on this Site provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Site (including text, images, audio, and video) for public or commercial purposes without Avanto’s written permission. Modification or use of the materials for any other purpose violates Avanto’s intellectual property rights.

 

Reliance on Information Posted on this Site

Although Avanto has used reasonable efforts to obtain and provide information from reliable sources, no representation is made that the information and opinions contained in this Site are accurate, reliable, or complete. Moreover, commentary and other materials posted on this Site are not intended to amount to advice on which reliance should be placed. Avanto therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to this Site, or by anyone who may be informed of any of its contents. You must, in any event, conduct your own due diligence and investigations rather than relying on any of the information in this Site.

Without limiting the foregoing, Avanto cannot guarantee that:

  • this Site will always be available for you to visit/use in the current format;

  • material or software downloaded from this Site will be compatible with your equipment or free from viruses; or

  • all content will be accurate, complete, and current.

 

Avanto intends to update this Site from time to time, and may change this Site’s content at any time. If the need arises, Avanto may suspend access this Site, or close it indefinitely. Any of the content on this Site may be out of date at any given time, and Avanto is under no obligation to update such content.

Our Liability; Disclaimer of Warranties

By entering this Site, you acknowledge and agree that your use of this Site is at your own risk and that, to the maximum extent permissible under applicable law, in no circumstances (including, but not limited to, negligence) will Avanto be liable for any direct, indirect, special, incidental, or consequential loss or damage, including any loss of profits, business, revenue, or goodwill, arising from any use of, access to or inability to use or access, interruption or other non-availability of this Site, this Site’s operation or transmission, computer viruses (or equivalent), or any other errors, omissions, or defects, loss of data, or otherwise in respect of any use of, or the downloading or use of any material from, this Site, even if Avanto has been advised of the possibility of such damage. You are responsible for using your own virus protection software.

 

The information, materials, and other content available or provided on this Site is provided “as is” and “as available”, without any guarantees or warranties of any kind, express or implied. To the fullest extent permitted by law, Avanto hereby expressly disclaims and excludes all warranties of any kind in relation to this Site and its content, including, but not limited to, any warranties of merchantability, fitness for any particular purpose, non-infringement, title, uninterrupted use, quiet enjoyment, system integration, or accuracy, security of information, or reliability.

Avanto assumes no liability or responsibility for any: errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of this Site; unauthorized access to or use of Avanto’s secure servers and/or any and all personal information and/or financial information stored therein; interruption or cessation of transmission of information to or from this Site; bugs, viruses, trojan horses, or the like which may be transmitted to or through this Site by any third party; and/or loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via this Site.

For the avoidance of doubt, neither the foregoing nor any other language set out on this Site is intended as a disclaimer or exclusion of, or will in any way limit, abrogate or otherwise affect Avanto’s liability for, any liability which cannot be disclaimed, excluded or limited under applicable law.

 

Indemnification

You agree to defend, indemnify, and hold Avanto and its directors, officers, members, partners, principals, employees, agents and representatives harmless from any and all claims, liabilities, costs, and expenses, including, without limitation, reasonable attorneys' fees, arising in any way from your use of the Site, in whole or in part, or your breach or violation of law or any provisions contained herein. Avanto reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

Law and Jurisdiction

The state and federal courts in Manhattan, New York will have exclusive jurisdiction over any claim arising from, or related to, these Terms or this Site, except that Avanto retains the right to bring proceedings against you for breach of these Terms in your jurisdiction of residence or any other relevant jurisdiction.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflicts of laws provisions thereof.

 

Waiver

No waiver by Avanto of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at that time or a waiver of that or any other right, term, or provision of these Terms at any other time.

 

Integration and Severability

If any provision of these Terms of use is found to be invalid, unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the other provisions of these Terms. These Terms represent and constitute the entire agreement between Avanto and you relating to the subject matter discussed herein.

Social Media

Avanto is not responsible for the use or security of information presented by or provided to employees on social media websites such as Twitter, Facebook, LinkedIn, etc. Any opinions or recommendations expressed on these platforms are solely those of the individual social media account holder and do not reflect the opinions or recommendations of Avanto. No endorsement of products, services, or information is expressed or implied by any information, material, or content referred to on, or linked from or to Avanto’s Site. Under no circumstances should any information be construed as an offer to sell or a solicitation of an offer to buy a particular security. Investors are encouraged to consult our complete Terms before making investment decisions.

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