Terms of Use

PLEASE CAREFULLY READ THIS CONFIDENTIALITY AGREEMENT AND OTHER IMPORTANT INFORMATION BEFORE USING THIS WEBSITE.

IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE. BY CLICKING THE BUTTON LOCATED ON THIS PAGE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT CLICK THE “SIGN IN” BUTTON. IF YOU DO NOT ACCEPT THESE TERMS OR CONDITIONS, YOU MAY NOT USE OR ACCESS THE CONFIDENTIAL INFORMATION ON THIS WEBSITE.

1. 1. These terms and conditions of access (the “Terms and Conditions”) govern the use of this website and are to be read in conjunction with any website agreements presented when the website is accessed for the first time. Carne Global Fund Managers (Luxembourg) S.A., Carne Global Fund Managers (Ireland) Limited and their affiliates (the “Carne Entities”) may amend these Terms and Conditions at any time by notice.
   
2. 2. You acknowledge that the terms of certain Funds (as defined below) referred to in any document on this website may have not yet been finalised as the Funds may have not yet launched (the “Unlaunched Funds”) and the information contained at any time on this website may change prior to the launch of the Unlaunched Funds. No regulatory authority has passed upon the accuracy or adequacy of the information contained on this website and the Unlaunched Funds and/or the general partner of the Unlaunched Funds (where relevant) may not have been established. No document or information contained at any time in the website is an invitation or offer of securities for subscription or sale and any such invitation or offer will be made only by means of a final private placement memorandum for each of the Unlaunched Funds (together with any applicable final supplements, wrapper or other addendum, the “Final PPM“). The Final PPM and the documents referred to therein for each Unlaunched Fund (the “Fund Documents”) should be read before any decision is made to invest in that Unlaunched Fund. The information contained at any time on the website should be disregarded in making any such investment decision and will not form part of the terms of any such investment for an Unlaunched Fund. If there is any inconsistency between any information on the website with respect to an Unlaunched Fund and the Fund Documents, the Fund Documents will prevail.
   
3. 3. You acknowledge that you are being granted access to this website and the materials contained therein from time to time (the “Confidential Data”, as further described in paragraphs 4 and 5 below) because you are either:
   
   • a. a potential investor (“Potential Investor”) in one of the entities comprising a fund that has been or may be established in the future as detailed in the Confidential Data (the entities comprising each such fund being referred to as the “Fund” and, collectively, the “Funds”) accessing the Website through an authorized signatory; or
     
   • b. a professional adviser or investment manager to a Potential Investor acting in connection with such potential investment (an “Adviser”) accessing the Website through an authorized signatory; or
     
   • c. any director, partner, officer, employee or analogous representative of such Potential Investor or Adviser (each a “Representative”), in each case who has been granted access to all or part of the Confidential Data solely on a ‘need to know’ basis in connection with that Potential Investor, or Adviser’s involvement with one or more of the Funds, but only where these Terms and Conditions have been clicked through and accepted by the organisation to which such Representative belongs pursuant to paragraph 3.a or 3.b.
     
4. 4. You acknowledge that the Confidential Data includes any information on the Website capable of being accessed by you regarding:
   
   • a. the Funds;
     
   • b. the general partners of the Funds and/or their affiliates (the “GP Entities”);
     
   • c. advisory entities to the Funds or any of the GP Entities (the “Advisory Entities”);
     
   • d. the alternative investment fund manager, manager and / or investment manager of the Funds and/or their affiliates (the “Investment Manager Entities”);
     
   • e. the administrator or depositary of the Funds (the “Administrators” and “Depositaries”);
     
   • f. any placement agent with respect to the Funds (the “Placement Agent”); and
     
   • g. any of the above companies, partnerships and/or other enterprises’ shareholders, partners, members, directors, officers and/or employees (the “Personnel”).
     
     The Funds, the GP Entities, the Advisory Entities, the Investment Manager Entities, the Administrators, the Depositaries, the Placement Agent and the Personnel shall each be referred to as a “Beneficiary”. 
     
5. 5. You acknowledge that the Confidential Data also includes:
   
   • a. the fact that a Potential Investor, Adviser or Representative is evaluating an investment in one or more of the Funds;
     
   • b. any questions and responses between a Potential Investor, Adviser or Representative on the one hand, and a Beneficiary or its agents on the other hand, regarding Confidential Data;
     
   • c. any additional information supplied by or on behalf of a Beneficiary to a Potential Investor, Adviser or Representative to help evaluate a potential investment in one or more of the Funds; and
     
   • d. any analysis, memoranda or other documents that a Potential Investor, Adviser or Representative may produce using Confidential Data, in each case whether written or oral or in any other form and whether or not provided or maintained externally to the Website.
     
6. 6. You agree that you will keep all Confidential Data confidential and will not copy it or pass it on, in whole or in part, or reproduce its contents or disclose it to any person, save as follows:
   
   • a. If you are a Potential Investor you may disclose the Confidential Data or any part thereof to your Advisers and your or their Representatives, but strictly on a ‘need to know’ basis in connection with and to help you evaluate your potential investment in one or more of the Funds and only if such Advisers and Representatives have undertaken to be bound by equivalent confidentiality obligations or are subject to confidentiality obligations in respect of the Confidential Data under applicable laws or rules of professional conduct;
     
   • b. If you are an Adviser or Representative, you may disclose the Confidential Data or any part thereof to the Potential Investor on whose behalf you are reviewing the Confidential Data and/or to any other Advisers and Representatives of such Potential Investor or its Advisers to whom you know the Potential Investor is duly and properly disclosing or may duly and properly disclose Confidential Data in connection with evaluating its potential investment in one or more of the Funds and, in each case, only if the person to whom you disclose any Confidential Data is bound by equivalent confidentiality obligations or is subject to confidentiality obligations in respect of the Confidential Data under applicable laws or rules of professional conduct;
     
   • c. You may disclose Confidential Data to the extent you are required to do so as a result of laws or regulations applicable to you, provided that you will (i) only make the minimum disclosure required pursuant to such laws and/or regulations; (ii) to the extent reasonably practicable, provide advance notice to one or more Carne Entity of the required disclosure of any such Confidential Data; and (iii) cooperate in good faith, at a relevant Beneficiary’s expense, in such Beneficiary’s reasonable attempts (if any) to seek a protective order to prevent or limit the disclosure of such Confidential Data; and
     
   • d. You may also disclose Confidential Data to the extent that (i) it was previously known by you through a source not bound by any obligation to keep such information confidential, save to the extent it was disclosed to you by or on behalf of a Beneficiary with the requirement that you keep such information confidential; (ii) it becomes generally known to the public through no fault of yours or (where you are a Potential Investor) any of your Advisers or your or their Representatives; (iii) it was later lawfully obtained by you from a source not bound by any obligation to keep such information confidential, save to the extent it was disclosed to you by or on behalf of a Beneficiary or through information in the Website pursuant to your obligation to keep such information confidential; or (iv) it was developed by you independently and without reference to, or knowledge of, the Confidential Data, in each case as evidenced by your written records.
     
7. 7. You will use the Confidential Data solely for the purpose of considering an investment in one or more of the Funds by you (where you are a Potential Investor) or by the Potential Investor for whom you act as an Adviser or Representative (where you are such an Adviser or Representative) (the “Purpose”).
   
8. 8. You agree that all and any copies of the Confidential Data which you download or print shall be kept confidential in accordance with the conditions of access to the Confidential Data contained herein and elsewhere in the Website. Any such copies will be destroyed once your review is completed, provided that you may retain copies (i) made pursuant to automatic backup processes where it would not be reasonably practicable to access and delete such backed up data or (ii) where you are required to do so pursuant to regulatory requirements.
   
9. 9. You acknowledge that the Confidential Data (i) constitutes proprietary, sensitive and confidential information that one or more Beneficiaries derive independent economic value from not being generally known and (ii) are the subject of reasonable efforts to maintain their secrecy. As such, you acknowledge that the disclosure of any of the Confidential Data in breach of these Terms and Conditions is likely to cause substantial and irreparable harm to one or more Beneficiaries.
   
10. 10. You acknowledge that any breach of these Terms and Conditions by you or your Representatives (or where you are a Potential Investor, your Advisers or their Representatives) may cause irreparable injury to any and all of the Beneficiaries, and that any and all of them may, with the prior permission of the applicable Carne Entity, seek and obtain injunctive relief against breach or threatened breach of your or your Representative’s (or where you are a Potential Investor, your Advisers’ or their Representatives’) obligations hereunder, without prejudice to any other remedies which may be available to any of them.
    
11. 11. You confirm that the Confidential Data may be made available to you, and to any other person to whom you make the Confidential Data available (in accordance with these Terms and Conditions), under applicable law. In particular, but without limitation, unless you have expressly notified the applicable Carne Entity to the contrary, and the applicable Carne Entity has nevertheless agreed to grant you access to the Website, you confirm that:
    
    The following provisions of Section 11(a)-(c) apply only to investors located, domiciled or with a registered office in the European Economic Area, the United Kingdom, and/or Switzerland:
    
    • a. you are not a “U.S. Person”;
      
    • b. if you are a Potential Investor or an Adviser, or a Representative of a Potential Investor or Adviser located, domiciled or with a registered office in the European Economic Area or the United Kingdom (where approved by the Relevant Carne entity as above), the Potential Investor and, where relevant, the Adviser, are “professional investors” as defined in the European Union Alternative Investment Fund Managers Directive (2011/61/EU) and related rules and legislation including, any law, rule or regulation relating to the implementation thereof in any relevant jurisdiction including any law, rule or regulation resulting from the United Kingdom ceasing to be part of the European Union or subordinate legislation thereto, in each case as may be amended or restated from time to time;
      
    • c. if you are a Potential Investor or an Adviser, or a Representative of a Potential Investor or Adviser located, domiciled or with a registered office in the United Kingdom (where approved by the Relevant Carne entity as above), the Potential Investor and, where relevant, the Adviser, you are (a) a person falling within one of the categories of “investment professionals” as defined in Article 14 of the Financial Services and Markets Act 2000 (Promotion Of Collective Investment Schemes) (Exemptions) Order 2001 (as amended) (the “Promotion of CIS Order”) or a director, officer or employee acting for such persons in relation to a prospective investment in the Funds, (b) otherwise a person in respect of whom communication of the Confidential Data falls within one of the exemptions prescribed by the Promotion of CIS Order or (c) any other person to whom the Investment Manager Entities may otherwise lawfully promote on behalf of the Funds in accordance with the Promotion of CIS Order or Section 238 of the Financial Services and Markets Act 2000 of the United Kingdom or section 4.12 of the Conduct of Business Sourcebook of the FCA’s handbook of rules and guidance;
      
      The following provisions of Section 11(d) apply to all investors, regardless of location, domicile or registered office:
      
    • d. you are a qualified person in your jurisdiction of incorporation, residence and/or the jurisdiction in which you were offered access to the Website (including, where applicable, pursuant to paragraphs a., b., c., or d. above) to whom (or to whose Representatives) the information in the Website may be lawfully addressed on a private placement basis and without any Beneficiary being required to register or make filings under any applicable securities or other laws in such jurisdictions in connection with your (or your Representatives’) access to the Website.
      
12. 12. You acknowledge that the Confidential Data has been prepared to assist you in providing access to information on the Funds, and no Beneficiary represents or warrants the Confidential Data as being all-inclusive. You acknowledge that the Confidential Data should not be treated as relating to legal, taxation, ERISA, financial, business, investment or accounting advice, or as a recommendation by any Beneficiary to make any investment, and you are strongly advised to consult their own professional advisers concerning the potential acquisition, holding or disposal of the Interests.
    
13. 13. You acknowledge that the Confidential Data may contain material, non-public information concerning investments in which the Funds are involved. Please seek the advice of your own legal counsel regarding the insider trading or market abuse regimes that may be applicable to you.
    
14. 14. Please refer to the privacy notices included at https://www.carnegroup.com/wp-content/uploads/2019/09/Carne-Group-Privacy-Statement.pdf and included in the form of subscription document or offering documents (as applicable) for the Funds for further details of what personal data will be processed about you, for what purpose, on what legal basis and with whom your personal data may be shared. If the Confidential Data includes Personal Data (as defined in the Data Protection Legislation), you acknowledge that you will comply with applicable Data Protection Legislation (including by taking appropriate technical and organisational measures against the unauthorised or unlawful processing, access to, accidental loss or destruction of, or damage to, Personal Data), you will process such Personal Data only for the Purpose and shall only transfer Personal Data to, or access Personal Data from, a Non-Equivalent Country, to the extent such transfer or access is made in accordance with the relevant controller’s obligations under the Data Protection Legislation (which may include entering into the EU Commission-approved standard contractual clauses), or such other data transferring clauses which may be approved. For the purposes of this paragraph, the following definitions shall apply:
    
    • a. “Data Protection Legislation” means all legislation concerning the protection or processing of personal data in any applicable jurisdiction worldwide, including, without limitation, the General Data Protection Regulation (EU) (2016/679) (“GDPR”); and
      
    • b. “Non Equivalent Country” means a country or territory other than (i) the United Kingdom or a member state of the European Economic Area; or (ii) a country or territory which has at the relevant time been decided by the European Commission, or the relevant data protection authority, as applicable, to ensure an adequate level of protection for personal data.
      
15. 15. You acknowledge that the Website may contain financial statements and other materials with financial performance information, including audited and/or unaudited financial statements as well as other materials (including articles and other reports) prepared by the Beneficiaries or by third parties (the “Financial Information”). The Financial Information is being provided as a courtesy, as a sample of the financial information provided to current investors, and not for any other purpose. To the extent that such Financial Information contains references to historical performance of any Fund or any investment thereof, Potential Investors must consider the information therein only in the broader context of the information prepared by the Beneficiaries, and in particularly subject to the gross and net performance data contained in the Website.
    
16. 16. You acknowledge that no Beneficiary accepts responsibility for or is making representations or warranties, express or implied, as to the accuracy, completeness or currency of the Confidential Data, and that no Beneficiary will be liable whatsoever with respect to any use or reliance upon any of the Confidential Data. In particular, no Beneficiary:
    
    • a. makes any representation or warranty, express or implied, as to the accuracy, completeness or currency of the Confidential Data or any oral or other communication in connection with that Confidential Data; or
      
    • b. shall have any liability whatsoever to any person resulting from the use or reliance by any person of any of the Confidential Data or any oral or other communication in connection therewith (provided that nothing in these Terms and Conditions will exclude or limit liability for fraud).
      
17. 17. You must comply with all applicable laws and regulations in accessing the Website and using the Confidential Data. You must not introduce any computer virus, “Trojan horse”, “worm” or other destructive or active code or process to the Website or the systems on which the Website is held.
    
18. 18. You must not post any information or materials into the Website or create links from the Website to any information or material that does or may infringe any third party’s intellectual property rights.
    
19. 19. If you gain access to an area of the Website or read a document or information which you know or suspect that you should not have access to, you must immediately exit such area, erase all copies of any such document or information, and inform the applicable Carne Entity. You must not divulge the fact of the disclosure or disclose the information gained therein to any other person or organisation.
    
20. 20. You shall indemnify each Beneficiary against all costs and liabilities arising in connection with any breach by you of these Terms and Conditions.
    
21. 21. The Website must not be accessed from an internet café or from any other place where the public has access or where the Confidential Data could be visible to or overlooked by persons who have not been granted access to the Website.
    
22. 22. When you leave (even for a short time) a computer or other communications device being used to access the Website, you must ensure that the computer or device is locked using a password which is known or accessible only to you and your relevant internal IT support department.
    
23. 23. You must hold any documents containing information derived from the Website or the Confidential Data securely and, if documents with such information are sent by email, they must be protected by a password (which must be sent under separate cover).
    
24. 24. Documents in the Website may not be copied in whole or in part into any due diligence report, or otherwise.
    
25. 25. At the end of each session accessing the Website, you must log-out by closing down the browser window. 
    
26. 26. You may only use the user identification and password allocated specifically to you (“User ID” and “Password” respectively) and may not receive the Password by any unauthorised means. You may not disclose, or permit others to use, your User ID or Password.
    
27. 27. You must not attempt to download, scan, copy, print, forward or otherwise capture any of the Confidential Data, except that you may print or download Confidential Data (if any) for which the print or download capability has been enabled as indicated by the site index on the Website. You must not attempt to circumvent any of the site’s security features, and must not enable or allow others to access the site using your authorisation to the site. If any Confidential Data is printed, it shall be deemed to have been printed on, and shall remain subject to, the Terms and Conditions. The Confidential Data may not be defected, marked, altered, modified, varied, moved, damaged or destroyed and the sequence of the Confidential Data may not be altered.
    
28. 28. You acknowledge that the system will keep a record of which User IDs have been used to access the Website, and at what time particular documents have been accessed.
    
29. 29. The applicable Carne Entity reserves the right to add further documents to the Website and update existing documents on the Website at any time. It is your responsibility to check for any such updates. No obligation is undertaken or accepted by any Beneficiary to provide any additional or updated Confidential Data or to correct any inaccuracies or discrepancies in the Confidential Data.
    
30. 30. The Confidential Data has not been prepared for you specifically or with your interests in mind and accordingly no assurances are given that the Confidential Data (or any part of it) meets your requirements. None of the Beneficiaries have independently verified any of the Confidential Data, including any statements with respect to projections or the prospects of the Interests or the assumptions on which such statements are based, and no such party undertakes any obligation to you or to any other person to do so.
    
31. 31. The distribution of the Confidential Data in certain jurisdictions may be restricted by law. It is the responsibility of each Potential Investor and its Representatives to satisfy themselves as to full compliance with the applicable laws and regulations of any relevant territory, including obtaining any requisite governmental or other consent and observing any other formality presented in such territory. Please note that it may not be possible for you to subscribe to the Funds at this time. Subscriptions from applicants will only be accepted once approval to market the Funds in such jurisdiction, if necessary, has been received from the local competent authority.
    
32. 32. Any discrepancy on the Website index should be notified to [email protected] as soon as possible so that the discrepancy can be resolved at the earliest possible time.
    
33. 33. Any questions concerning the Website should be directed to [email protected]. No Beneficiary is under an obligation to respond to any question or information request.
    
34. 34. Questions and requests for further information will be treated with regard to the availability of the information and the level of confidentiality or market sensitivity of the information concerned. Each Beneficiary is free to not answer certain questions or not to fulfil certain requests, without any obligation to provide a reason for such refusal.
    
35. 35. The Website is intended to be available 24 hours a day, 7 days a week from when you are provided with your User IDs and Passwords. As soon as your involvement in the Funds is terminated, your User IDs and Passwords will be de-activated. It is not envisaged that the Website will require any downtime, although this cannot be guaranteed.
    
36. 36. The applicable Carne Entity may withdraw the Website at any time without notice. No assurance is given that the Website will be available at any particular time or that any Confidential Data can be accessed in any format, at any download rate or at all. The applicable Carne Entity may in its discretion provide alternative means for accessing the Confidential Data.
    
37. 37. No liability is accepted by any Beneficiary for any damage of any sort which may be caused to any computer, computer system or other communications device through which the Website has been accessed, or any information stored on any such computer, computer system or other communications device, in any way resulting from the use of or the downloading of any information from the Website. You acknowledge that you use the Website entirely at your own risk.
    
38. 38. These Terms and Conditions are for the benefit of each Beneficiary and can, with the prior consent of the applicable Carne Entity, be enforced by any of the Beneficiaries. These Terms and Conditions are subject to any different conditions agreed between you and the applicable Carne Entity in writing with respect to maintaining the confidentiality of Confidential Data and which are expressed as superseding these Terms and Conditions. 
    
39. 39. These Terms and Conditions shall be governed by and construed in accordance with the laws of the home jurisdiction of the relevant Carne Entity and you agree to submit to the exclusive jurisdiction of the courts of the home jurisdiction of the relevant Carne Entity to settle any disputes which arise hereunder.
    
40. 40. Carne Global Fund Managers (Ireland) Ltd. is regulated by the CBI; Carne Global Fund Managers (Luxembourg) S.A. is regulated by the CSSF; Carne Global Financial Services (Europe), Empresa de Investimento S.A. is regulated by the CMVM;
    
41. 41. By clicking to sign in into the Website or by otherwise accessing the Website you accept and agree to be bound by the above terms and conditions.

Website Terms of Use 

Terms

The terms and conditions of use set forth herein apply to this website (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 these terms and conditions of use and you agree to be bound by them without limitation or qualification. If you do not agree to these terms and conditions of use, you do not have our consent and should exit the Site immediately. Cercano Management LLC (“Cercano”) and its affiliates (together with Cercano, “us,” “we” or “our”) reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Site after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.

Disclaimer

NOTHING CONTAINED IN THE SITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE SITE CONSTITUTES A SOLICITATION OR OFFER BY CERCANO, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. DECISIONS BASED ON INFORMATION CONTAINED ON THE SITE ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND AS CONSIDERATION FOR ACCESS TO THE SITE, YOU AGREE TO HOLD CERCANO AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.

THE INVESTMENTS AND STRATEGIES DISCUSSED IN THE SITE MAY NOT BE SUITABLE FOR ALL INVESTORS AND ARE NOT OBLIGATIONS OF CERCANO OR ITS AFFILIATES OR GUARANTEED BY CERCANO OR ITS AFFILIATES. CERCANO MAKES NO REPRESENTATION THAT THE CONTENTS ARE APPROPRIATE FOR USE IN ALL LOCATIONS, OR THAT THE TRANSACTIONS, SECURITIES, INSTRUMENTS OR SERVICES DISCUSSED ON THIS SITE ARE AVAILABLE OR APPROPRIATE FOR SALE OR USE IN ALL JURISDICTIONS OR COUNTRIES, OR BY ALL INVESTORS OR COUNTERPARTIES. BY MAKING AVAILABLE INFORMATION ON THE SITE, CERCANO DOES NOT REPRESENT THAT ANY INVESTMENT VEHICLE IS AVAILABLE OR SUITABLE FOR ANY PARTICULAR USER. ALL PERSONS AND ENTITIES ACCESSING THE SITE DO SO ON THIE 

THE MATERIALS IN THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CERCANO AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Restrictions on Use of Materials

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 Cercano and/or its affiliates. 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 Cercano’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 Cercano and/or its affiliates. Neither Cercano nor any of its affiliates will treat users of this Site as its clients by virtue of their accessing this Site.

Jurisdictional Issues

Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the United States, its territories, possessions, and protectorates. The Site is controlled and operated by Cercano Management LLC from its offices within the State of Washington, United States of America. Neither Cercano nor any of its affiliates makes any representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Site 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 law or regulation or which would subject Cercano and/or its affiliates to any registration or other requirement within such jurisdiction or country.

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.AumentarFund.com domain name or made via this site may not be secure. Communications to Cercano, particularly those containing confidential information, should be sent by mail to: Cercano Management LLC, C/O Legal Department 1110 112th Ave NE, Suite 202, Bellevue, WA 98004. Cercano and its affiliates will be free to use, for any purpose, without any compensation due or payable to you, any ideas, concepts, know-how or techniques provided by a Site user to Cercano through the Site.

Privacy and Security

For information on how Cercano uses and protects the personal information you may provide on this site, please click on the link to “Privacy” to access explanations of Cercano’s Website Privacy Policy and security measures. You may not use this site to collect or harvest personal information about other persons or otherwise use the site in a manner that is inconsistent with their privacy or personal data protection rights.

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Linked Sites

You may access from this Site, websites hosted by third parties. Should you leave this Site via another link contained herein, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Cercano. Cercano is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided by Cercano or any other third party on external webpages or sites, whether such damages or losses are actual, alleged, consequential or punitive. Links to third party hosted websites shall not constitute an endorsement of, or representation or warranty by Cercano regarding the content, products, services, or the operators of such websites. Your access to and use of such linked websites is governed by the terms of use and privacy policies of those sites and shall be at your own risk. Cercano disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our Site.

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Termination

These terms are effective until terminated by Cercano, provided that you may terminate these terms at any time only by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Such termination by you will not be effective if Cercano, in its sole discretion and without notice to you or otherwise, determines that you have failed to comply with any term or provision of these terms. Upon any termination of these terms, you must destroy all information and materials obtained by you or on your behalf from the Site and all copies and installations thereof, whether made under the terms of these terms or otherwise.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CERCANO AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS, AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CERCANO OR ANY OF ITS AFFILIATES BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION AND MATERIALS IN OR ACCESSIBLE THROUGH THE SITE, EVEN IF CERCANO OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF CERCANO AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

Waiver

No waiver by Cercano or any of its affiliates of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time.

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Governing Law and Consent to Jurisdiction

THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.

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. The preceding terms and conditions represent the entire agreement between Cercano and its affiliates, on the one hand, and you, on the other, relating to the subject matter hereof.

Cercano Management LLC: Online Terms and Conditions Statement: Last updated March 2026