DISCLAIMER

 

Terms of Use and Other Disclosures

The terms and conditions of use (the "Terms of Use") set forth below apply to this website and any materials herein (collectively, the “Site”).

 

Please read these terms and conditions of use carefully before using the Site. By using the Site, you acknowledge that you have read, understood and agreed to these terms and conditions of use. If you do not agree to these terms and conditions of use, you may not access or use the Site. Endurance Capital Partners, LLC and its affiliates (“ECP”, "Endurance Capital Partners", "Endurance" or the “Company”) reserves the right, at the Company’s discretion, to change, modify, add or remove portions of these terms without notice at any time. Therefore, ECP suggests that you review these terms periodically for changes. By using the Site after the Company has posted changes to these terms and conditions of use, you are agreeing to be bound by the then-current terms and conditions set forth in these Terms of Use.

 

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, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY ECP OR ANY OF ITS AFFILIATES OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY ECP OR ITS AFFILIATES.  ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF THE APPLICABLE CONFIDENTIAL OFFERING 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 ECP 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 ECP, 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

The materials in the Site are provided “AS IS” and without warranties of any kind (either expressed or implied). To the fullest extent permissible pursuant to applicable law, ECP disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. While ECP uses reasonable efforts to update the information contained on the Site, ECP 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.  ECP 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.

 

ECP further assumes no responsibility for and makes no warranties that functions contained at this Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. ECP shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer on account of your accessing this Site.

 

ECP may maintain historical materials and disclosures on its Site for archival and regulatory purposes. The information contained in such materials and disclosures was accurate at the time it was initially presented, and ECP assumes no responsibility for updating information to reflect subsequent developments.

 

Summary of Risk Factors

Investments in hedge funds and other investment funds, including the fund managed by ECP (collectively, the "Funds"), are speculative and involve a high degree of risk and are intended only for experienced and sophisticated investors. There are unique risks involved when investing in a particular Fund. You should carefully review each Fund's offering materials and related information for specific risk and other information before investing. This Site does not list, and does not purport to list, the risk factors associated with an investment in any Fund.

 

Restrictions on Use of Materials; Ownership

Unless otherwise expressly noted, all information and materials, including without limitation images, illustrations, designs, icons, photographs, video clips and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by ECP. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without ECP's written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of ECP. ECP will not treat users of this Site as its clients by virtue of their accessing this Site.

 

Transmissions to and from the Site

Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.endurancecp.com domain name or made via this Site may not be secure. Communications to ECP, particularly those containing confidential information, should be sent by mail to: Endurance Capital Partners, LLC, One Ferry Building, Suite 255, San Francisco, CA 94111. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to ECP through the Internet or post on the Site by electronic mail or otherwise is and will be deemed to be non-confidential and ECP shall have no obligation of any kind with respect to such information. ECP shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, without any compensation due or payable to you.

 

Links to Other Web Sites and Services

ECP does not review or monitor any websites linked from or to the Site and your following links from or to such websites is at your sole risk. Accordingly, ECP cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will ECP be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by ECP with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites.

 

Governing Law and Consent to Jurisdiction

These terms and your use of the Site shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.

 

Monitoring the Site

ECP reserves the right to monitor and record activity on the Site at its sole discretion, and may report any activity that it suspects may violate any law or regulation as it deems appropriate.

 

Other

If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. ECP reserves the right to alter or delete materials from this Site at any time at its discretion.

 

Media

The comments, views, opinions and any forecasts of future events, returns or results expressed in the video or interview (collectively, “Published Media”) reflect the opinion of the quoted author or speaker, are subject to change without notice, do not necessarily reflect the views of ECP or other professionals at ECP, do not reflect actual investment results, are not guarantees of future events, returns or results and are not intended to provide financial planning, investment advice, legal advice or tax advice. The Published Media may contain certain forward-looking statements. By their nature, forward-looking statements involve risk and uncertainty because they relate to future events and circumstances. Actual outcomes and results may differ materially from any outcomes or results expressed or implied by such forward-thinking statements. The success or achievement of various results, targets and objectives is dependent upon a multitude of factors, many of which are beyond the control of ECP. No representations are made as to the accuracy of such estimates or projections or that such estimates or projections will be realized. Actual events or conditions are unlikely to be consistent with, and may differ materially from, those assumed. No investment advice, financial advice, tax advice, or legal advice is provided by ECP through the Published Media, and no person is authorized to use the Published Media for those purposes. Therefore, the Published Media is not a recommendation to invest in any ECP investment strategy or any investment fund sponsored or managed by ECP. Any discussion or information in the Published Media relating to investment processes, portfolio characteristics or other matters relating to ECP or an ECP investment strategy or account is subject to change over time. The accuracy, completeness or suitability of the Published Media and any comments, views, opinions and forecasts within the Published Media cannot be guaranteed and should not be relied upon as such by any person. No responsibility or liability is accepted by ECP or any of its officers, agents or advisors as to the accuracy, sufficiency or completeness of any of the information or comments, views, opinions, or for any errors, omissions or misstatements, negligent or otherwise, contained in or excluded from the Published Media.