Terms of Use & Website Privacy Policy

Please read the following Terms of Use and Website Privacy Policy carefully before using this website. By using this website, you acknowledge receipt of the information contained herein and acceptance of the Terms of Use pertaining to the use of this website, which constitute a legal agreement between you and Semper Capital Management, L.P. (together with its affiliates, “Semper” or the “Firm”), as well as our Website Privacy Policy. If you do not agree to the Terms of Use, do not use this website. The Firm reserves the right to modify these Terms of Use without notice, and each use of the website constitutes your acceptance to be bound by the terms set forth in the Terms of Use as modified at the time of such use.

 

This website is for informational purposes only, and nothing on this website shall be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation to buy or sell, any security, financial instrument or investment or as an offer to provide advisory or other services by the Firm to any person in any jurisdiction. Information on this website is intended only for United States citizens and residents and is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would subject the Firm to any registration or other requirement within such jurisdiction. The Firm makes no representation that access by any user in the place it is located is not illegal or prohibited. Nothing contained on this website constitutes investment, legal, tax, accounting or other advice, nor should be relied upon in making an investment or other decision. This website does not represent that the securities or services described on this website are suitable for any specific investor. You should obtain relevant and specific professional investment advice before making any investment decision and are advised not to rely on any information contained in this website in the process of making a fully informed investment decision. You should obtain and carefully review the offering materials for an investment before making any investment decisions. The Firm will not treat users of this website as clients or customers of the Firm by virtue of their accessing this website.

 

Certain portions of the website are only accessible to those who have a validly issued password. Your password and contents of password protected areas of the website are confidential. You are responsible for monitoring the confidentiality of any account information, user names, and/or security questions and answers that you may use to access any page on the password-protected area, and for logging off any protected areas of the website. You should notify the Firm immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

 

News, views, opinions, recommendations and other information obtained from third parties are believed to be reliable; however, the Firm cannot and does not guarantee the accuracy or completeness thereof. All such information is subject to change at any time without notice. Past performance is not indicative of future performance and no representation is made that any investment is likely to achieve similar results to those achieved in the past. Investment values will fluctuate and redemption values may be more or less than original cost. The investments described on this website are not insured by any entity and are subject to investment risks, including the loss of principal.

 

This website is controlled and operated in whole or in part by the Firm from its offices in the United States. BY ACCESSING THIS WEBSITE, YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO THE USE OF THIS WEBSITE. YOU ALSO AGREE THAT ANY LITIGATION COMMENCED BY YOU RELATING TO, OR ARISING OUT OF, THE USE OF THIS WEBSITE, AND THE INFORMATION AND TERMS CONTAINED HEREIN, ARE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS SITTING IN NEW YORK COUNTY, STATE OF NEW YORK.

 

ALL INFORMATION AND CONTENT ON THIS WEBSITE IS SUBJECT TO APPLICABLE STATUTES AND REGULATIONS AND IS FURNISHED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

SEMPER SHALL NOT BE LIABLE FOR ANY DAMAGE, INJURY OR HARM CAUSED BY THE TRANSMISSION, THROUGH ACCESSING THE SERVICES OR INFORMATION ON THIS WEBSITE, OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, DELETE, DAMAGE, DISABLE, DISRUPT OR OTHERWISE IMPEDE IN ANY MANNER, THE OPERATION OF THIS WEBSITE OR OF ANY USER SOFTWARE, HARDWARE, DATA OR PROPERTY. THE USE OF THIS WEBSITE IS AT YOUR OWN RISK.

 

NO INFORMATION CONTAINED ON THIS SITE MAY BE REPRODUCED, TRANSMITTED, DISPLAYED, DISTRIBUTED, PUBLISHED OR OTHERWISE COMMERCIALLY EXPLOITED WITHOUT THE FIRM’S WRITTEN CONSENT. ALL INFORMATION ON THIS WEBSITE, AND ALL INTELLECTUAL PROPERTY ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, LOGOS AND COPYRIGHTS) ARE OWNED AND CONTROLLED BY THE FIRM. IF YOU DOWNLOAD ANY PAGES FROM THIS WEBSITE, YOU MAY NOT REMOVE OR OBSCURE ANY COPYRIGHT OR OTHER NOTICES OR LEGENDS INCLUDED IN SUCH PAGES.

 

THE FIRM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

LINKED SITES

 

Hypertext links and/or hyperlinks from or to other Internet websites may be included at times as a convenience to the user and your following links from or to such websites is at your sole risk. When you access such links, you are leaving the Firm’s website and viewing content that is not provided by the Firm. The Firm has not checked the accuracy or otherwise reviewed any of the websites so linked, and does not endorse or accept any responsibility for the contents of such websites nor the products, services or other items offered through such websites. The Firm shall not be liable for any direct, indirect, special or consequential damages, even if expressly advised of the possibility of such damages, arising out of or in connection with the use of, performance of, or your browsing in, or your links to, other websites, from this website. THE FIRM DISCLAIMS RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF THIRD PARTY INTERNET WEBSITES HYPERLINKED FROM THIS WEBSITE.

 

ELECTRONIC COMMUNICATION

 

This website permits you to communicate electronically by sending an E-mail message to the Firm. By use of this website, you agree not to use E-mail to give any instruction affecting your account(s) or any linked account(s), including but not limited to, placing orders to purchase or sell a security or to transfer funds. You also agree not to use E-mail for the transmission of any personal credit information (including account numbers or credit card numbers), to give notice of a change of address, or to give us any time-sensitive instructions. The Firm shall not be liable for any actions taken or omissions to act as a result of any E-mail message you send to the Firm.

 

WEBSITE PRIVACY POLICY

 

This is the Privacy Policy for the use of this website, which is owned or operated by the Firm. The Firm respects your privacy and appreciates the confidence you have placed in the site. We are committed to protecting your privacy and preserving your trust. Please carefully review this Website Privacy Policy to learn about how the Firm collects, uses, and protects any personal information you provide to us by using this website and your choices for managing your personal information. This Website Privacy Policy is subject to the Terms of Use posted on this website.

 

What Types Of Information Does The Firm Collect From Users of This Website?

 

The Firm collects information that may personally identify you (such as your name, address, telephone number, email address, employer name, or other data which can be reasonably linked to such information) when you fill out forms on the site, register on the site, subscribe to one of our services, and at various other times. Furthermore, the Firm may automatically collect non-personal information that does not identify an individual user, such as IP (internet protocol) address, ISP (internet service provider), the user browser used to visit the site, the time the site is visited, which areas of the site were visited; and other anonymous site usage data.

 

The Firm may also use cookies (a small file containing a string of characters that uniquely identifies your user browser) and web beacons (an electronic file placed within a web site that monitors usage). Most web browsers are initially set up to accept cookies, but you can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, certain features of the site may not work if you delete or disable cookies.

 

How Does The Firm Use The Information Collected?

 

The Firm will not sell, share, or rent personal information to third parties, and the Firm will not otherwise disclose personal information to third parties, without your permission, except as disclosed in this Website Privacy Policy.

 

The Firm use personal information and non-personal information for internal purposes, including:

 

• contacting and providing you with information regarding our products and services;

• servicing your account;

• enhancing your experience at the site;

• performing administration and technical support for the site;

• enabling you to use certain services and features available on or through the Site; and

• creating aggregate information about demographics and usage patterns.

 

The Firm may use aggregate information to measure general site usage patterns and characteristics of our user base. If the Firm uses such data at all, it will be on an aggregate basis, and the Firm will not disclose to third parties any information that could be used to identify you personally.

 

The Firm also may share personal information with entities controlling, controlled by, or under common control with the Firm. In the event that the Firm is merged, or in the event of a transfer of the site and related assets, we may disclose or transfer your personal information and non-personal information in connection with such transaction to the surviving entity or the acquirer of the assets.

 

From time to time, the Firm may use internal or external service providers to operate the site or perform work on our behalf, including without limitation sending postal mail and email. Such persons may have access to your personal information you submit through the site, but only for the purpose of performing their duties. The Firm requires each service provider to agree to implement and maintain reasonable security procedures and practices appropriate to the nature of your information in order to protect your personal information from unauthorized access, destruction, use, modification, or disclosure.

 

In certain instances, the Firm may disclose your personal information when we have reason to believe it is necessary to identify, contact or bring legal action against persons or entities that may be causing injury to you, the Firm or its affiliates, or to others. The Firm may also disclose your personal information when we believe the law or legal process requires such disclosure.

 

Security

 

No data transmission over the Internet can be guaranteed to be 100% secure. While the Firm strives to protect personal information, the Firm cannot and do not guarantee or warrant the security of any information you transmit to or from the site, and you do so at your own risk.

 

Links To Third-Party Web Sites

 

The site may contain links to web sites operated and maintained by third parties, over which the Firm have no control. Privacy policies on such linked web sites may be different from our Website Privacy Policy. You access such linked web sites at your own risk. You should always read the privacy policy of a linked web site before disclosing any personal information on such site.

 

Children’s Privacy Statement

 

The Firm does not knowingly collect personal information from children under the age of 13. If the Firm becomes aware that we have inadvertently received personal information from a child under the age of 13, the Firm will delete such information from its records.

 

Policy Changes

 

If the Firm changes this Website Privacy Policy, in whole or in part, the Firm will inform you by posting the changed Website Privacy Policy on the site. Your continued use of the site constitutes your agreement to abide by the Firm’s Website Privacy Policy as changed and that such Website Privacy Policy shall apply to your personal information previously collected by the site. If you object to any such changes, your recourse shall be to cease using the site and you have the right to request removal of your personal information from our databases.

 

If you have questions or concerns regarding this Website Privacy Policy or if you wish to exclude your personal information from our databases, please contact us.

 

Effective Date: [September 2, 2014]

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