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WEBSITE TERMS OF USE

AS USED HEREIN, THE TERMS “YOU” AND “USER” SHALL MEAN ANY VISITOR TO THE WEBSITE. ANY REFERENCE TO “ACP” SHALL INCLUDE AMWAL CAPITAL PARTNERS OR ANY SUBSIDIARY, AFFILIATE OR FUND MANAGED BY IT.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
You are strictly prohibited from unauthorized use of our systems or this website, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this website.

Restricted Access
Access to this website is restricted to investors that are:
(a) a “sophisticated person”; a “high net worth person”; or a company, partnership or trust (whether or not regulated as a mutual fund) of which the shareholders, unit holders or limited partners are one or more persons who are a "sophisticated person" or a "high net worth person" (each term as defined in the Securities Investment Business Law of the Cayman Islands); and
(b) you are not otherwise subject to any restriction prohibiting access to this website imposed by the laws and regulations of your jurisdiction.

Transfer and Monitoring
You acknowledge that we may disclose and transfer any information that you provide through this website to (i) any company within the ACP group, its affiliates, agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this website you agree to such transfers.
Use of this website may be monitored, tracked and recorded by way of cookies or otherwise. Anyone using this website expressly consents to such monitoring, tracking and recording. You are responsible for being familiar with the current version of these Terms of Use.

Copyright and Trademark Notices
The works of authorship contained in this website, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by ACP or any one of its affiliates. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner’s prior written consent and then, only with notices of the owner’s proprietary rights.
 “ACP,” and the ACP logo are trademarks of ACP. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners in the United States and/or other countries.
Nothing on this website should be construed as granting any licence or right in relation to any of our copyrights, trademarks, service marks, trade names, trade dress and other rights.

Website Content and Materials
You must not transmit any virus, "worm", "Trojan horse", or other item of a destructive nature to the website and it is your responsibility to ensure that whatever you download or select for your use from the website is free from such items.
The information on this website is for information purposes only. It is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy. User accesses, uses, and relies upon such content at User’s own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on this website. The information on this website is not intended as an offer or solicitation for the purchase of any stock, any other security or any financial instrument or to provide any investment service or investment advice in any jurisdiction.
Investment into ACP funds or involvement with other ACP services, such as discretionary managed accounts investment risks, including the possible loss of value. The information and materials contained in this website – and the terms and conditions of the access to and use of such information and materials – are subject to change without notice. Your eligibility for particular products or services is subject to final ACP determination and acceptance.
Materials and information posted on the website may be printed or downloaded for your use, provided, however, that third party exchange data, if any, may not be downloaded, printed or redistributed for any purposes whatsoever. Materials and information posted on the website may not be duplicated, copied, re-disseminated or re-distributed to any other person or entity. Re-dissemination and re-distribution includes, without limitation, making any such materials and information available via the Internet or via any other electronic means of access.
This website may contain information provided by third parties. ACP makes no representations or guarantees as to the accuracy, subject matter, timeliness or quality of information provided by third parties and assumes no liability for the content thereof. ACP has not and will not review or update information on any linked sites or posted information provided by third parties and cautions that any use made of such information is at your own risk.
All research published by ACP is subject to a disclaimer included in such research. Any material excerpted or summarized from a research report is subject to the terms of the disclaimer. The information on the website, including research, is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Any investments discussed on the website may fluctuate in price or value. Investors may get back less than they invested. Changes in rates of exchange may have an adverse effect on the value of investments.
The website may include forward-looking statements, including projections of future economic and financial conditions. We do not make any representation, warranty, guaranty or other assurance that any of these forward-looking statements will prove to be accurate.
The value of the securities or financial instruments or net asset value of ACP funds mentioned herein (including the income derived therefrom) may be adversely affected by changes in market prices and exchange rates, the imposition of taxes and other factors. Net Asset Values, prices, opinions and estimates reflect our judgment on the date of original publication and are subject to change at any time without notice. Information concerning past performance is not necessarily a guide to future performance.
You agree that (i) you will not engage in any activities related to this website that are contrary to applicable law, regulation or the terms of any agreements you have with us, and (ii) in circumstances where locations of this website require identification for access, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages, data or the content contained herein or for any other unauthorized purpose without our prior expressed written permission.
WE OR OUR SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY OR, IF NO DATE IS STATED, THE DATE OF FIRST POSTING. WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY INFORMATION ON THIS WEBSITE. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. FURTHERMORE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THIS WEBSITE OR THE INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THIS WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

Suitability and Appropriateness
Securities or financial instruments mentioned in the website may not be suitable or appropriate for all investors or in all geographical areas. Your particular needs, investment objectives and financial situation were not taken into account in the preparation of this website and the materials contained herein. You must make your own independent decisions regarding any securities or financial instruments mentioned herein. The fact that ACP has made available to you through the website, investment opinions and other information constitutes neither a recommendation that you enter into a particular transaction nor a representation that any financial instrument is suitable or appropriate for you. You should consider whether an investment strategy or the purchase or sale of any product is appropriate for you in the light of your particular investment needs, objectives and financial circumstances.

Potential Disruption of Service
You shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use this website. Access to this website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • hardware failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
  • software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  • overload of system capacities;
  • damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
  • interruption (whether partial or total) of power supplies or other utility of service;
  • strike or other stoppage (whether partial or total) of labor;
  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.

If access to this website is unavailable, delayed or limited, or if this website does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. If your operations are dependent on such communications with us, and such communications are disrupted or delayed, you may suffer losses. ACP will not be liable for any such loss.

Links to Other websites
Links to unaffiliated websites are provided solely as pointers to information on topics that may be useful to users of this website, and we have no control over the content on such unaffiliated websites. If you choose to link to a website we do not control, we make no warranties, either express or implied, concerning your use of or inability to use such site, the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to unaffiliated sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites and we expressly disclaim any such endorsement or representation. In addition, these third party websites may have a privacy policy or security practices different from this website so it is important to read the policies of those sites before sharing your personal information.

Regulatory Status
ACP is not regulated, licensed or registered in any jurisdiction to provide financial services outside of the Cayman Islands.
As an exempt Cayman Islands company limited by shares, ACP is exempt from the requirements of the Securities Investment Business Law (as amended) (the “SIB Law”). ACP relies on the exemption under Section 5(2) of the SIB Law. Section 5(2), by reference to the Fourth Schedule to the SIB Law, which provides for an exemption from the licensing requirements prescribed by the SIB Law for entities, that carry on "securities investment business" exclusively for one or more of the following classes of person: (a) a sophisticated person (as defined in the SIB Law); (b) a high net worth person (as defined in the SIB Law); or (c) a company, partnership or trust (whether or not regulated as a mutual fund) of which the shareholders, unit holders or limited partners are one or more persons who are a "sophisticated person" or a "high net worth person".

LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE, OUR AFFILIATES, AND ANY THIRD PARTY DATA PROVIDERS:

  • ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE;
  • DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;
  • DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND
  • WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.

NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE 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.

Enforceability and Governing Law
In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with ACP. The user’s access to and use of the website, and the terms of this disclaimer are governed by the laws of the Cayman Islands.
Any action against ACP arising from or relating to your access to and use of the website and the provisions of these Terms of Use must be brought by you in the courts of the Cayman Islands. You consent to the exclusive jurisdiction of the Cayman Islands for the adjudication of all claims by ACP against you arising from or relating to your access to and use of the website and the provisions of these Terms of Use.