Website Disclosures & Privacy Policy
TERMS OF USE
By accessing or using the website (the “Site”) of Anthelion Capital Partners LLC and its affiliates (collectively, “Anthelion,” “we,” “us” or “our”), you accept and agree to the terms and conditions of use of the Site as set forth this agreement (this “User Agreement”). This User Agreement is a binding agreement between you and Anthelion, and governs your access and use of the Site, which includes any information, data, tools, products, services and other content (together, “Content”) available on or through the Site.
You may contact Anthelion with questions about the terms and conditions of this User Agreement.
PLEASE READ THIS USER AGREEMENT (“USER AGREEMENT”) CAREFULLY BEFORE ENTERING THE SITE. EACH TIME YOU ENTER THE SITE, YOUR ACCESS/USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, PLEASE EXIT THE SITE.
General
The Site is intended for informational purposes only, and the information contained on the Site is not to be used, in whole or in part, for any other purpose. Anthelion has no obligation to update the information contained on the Site, and the Site may contain errors or information that is no longer current or complete, and may omit pertinent information. Anthelion assumes no liability or responsibility for any errors or omissions in the Content of the Site.
The Content published on the Site is subject to change at any time without notice. The Contents contained on the Site should not be regarded as a complete analysis of the subjects discussed. Certain information contained on the Site may be based upon third-party sources, and while we believe such information to be accurate, we generally have not independently verified such information.
Viewing or utilizing information on the Site (or contacting or responding to our offices or employees) does not by itself initiate or constitute a relationship of any kind.
Limited License to Use the Site
The Site is owned by and is the property of Anthelion. The Site is protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by Anthelion and/or third parties.
Anthelion grants you a limited non-exclusive right to use the Site only for your own internal, private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. In certain instances, the ability to print or reproduce pages or materials from the Site may be limited or prohibited. You may not, nor will you, modify, distribute, transmit, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and any other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Site or otherwise using any information contained in the Site for any purpose other than as specifically described above. Without limiting the foregoing, no information contained within the Site may be disclosed in whole or in part to the press or otherwise made available to third parties or the public in any manner.
Any data that you transmit to the Site (including without limitation personally identifiable information) becomes the property of Anthelion and may be used by Anthelion for any lawful purpose without restriction, subject to the privacy policies set forth below.
All materials at the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Your continuing right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site.
No Reliance
All Content provided on the Site is intended for informational purposes only and, unless specifically indicated otherwise, is provided on a generic basis without taking into account any individual prospective/current investor’s particular situation or circumstances (including investment objectives or restrictions or financial, tax or legal circumstances). Anthelion is not acting as an adviser or fiduciary in any respect in connection with providing access to the Site.
The materials contained on the Site and any presentation of which they form a part do not constitute (i) an offer to sell, or a solicitation of an offer to purchase, interests in any private investment funds (the “Funds”) managed by Anthelion, or (ii) a solicitation of an investment in any account (“Account”) managed by Anthelion, and in each case should not be construed as investment advice or a recommendation to purchase any such interests or make any such investment. Any such offer or solicitation may only be made in accordance with applicable securities laws and investor suitability requirements and, (x) in the case of a Fund, pursuant to definitive offering documentation made available to prospective investors relating to such Fund, including the offering memoranda, operative agreements and subscription documentation of such Fund or (y) in the case of an Account, pursuant to an executed investment management agreement and presentation of Anthelion’s current Form ADV Part 2 (the documentation referred to in clauses (x) and (y), collectively, the “Formal Offering Documents”). No such offer or solicitation will be made or accepted prior to receipt by a prospective investor of the Formal Offering Documents, which will contain important information, including a description of the applicable Fund’s or Account’s risks, conflicts of interest, investment program, business terms, fees, expenses and redemption/transfer limitations.
Investments in Funds or Accounts are generally highly speculative and illiquid and involve substantial risks. Investments in Funds or Accounts are only suitable for sophisticated investors that are capable of understanding and bearing the risks involved with such investments (including the risk of substantial or total losses). No assurance can be given that any Fund’s or Account’s investment objectives will be achieved or that losses will be avoided.
Before making any investment decision with respect to any Fund or Account, prospective investors must carefully review the applicable Formal Offering Documents in full, carefully consider the risks of such investment and consult with their own tax, accounting, financial, investment, legal and other professional advisors. The information contained on the Site with respect to any Fund or Account will be superseded by, and is qualified in its entirety by reference to, the Formal Offering Documents of such Fund or Account (which may be amended, supplemented or otherwise modified from time to time).
Anthelion is registered as an investment adviser with the Securities and Exchange Commission. This registration does not indicate any particular level of skill, training, or competence as such.
No representation or warranty, express or implied, is made as to the accuracy, reliability, completeness, suitability or other characteristics of the information and materials contained on or presented through the Site, and nothing shall be relied upon as a promise or representation as to the future performance of any Fund or Account. The information contained on the Site is not intended to provide, and should not be construed as or relied upon for, accounting, legal, tax, financial or other advice or investment recommendations. Users should consult their own professional advisors to provide them with specific guidance regarding their particular situations.
Any opinions or statements contained on the Site regarding market events, future events or other similar opinions or statements that are not historical facts constitute only subjective views (and may constitute “forward-looking statements”), are based upon our expectations, estimates, projections, assumptions, opinions and/or beliefs, should not be relied on, are subject to change without notice due to a variety of factors (including fluctuating market conditions) and involve inherent risks and uncertainties, both general and specific, many of which cannot be predicted or quantified and are beyond our control. In light of these risks and uncertainties, there can be no assurance that these statements or opinions are or will prove to be accurate or complete in any way, and we are not making any representations or warranties to that effect. It is possible that actual results may differ, possibly materially, from any anticipated results indicated in these forward-looking statements. Anthelion expressly disclaims any obligation or undertaking to update or revise any forward-looking statement contained on the Site to reflect any change in its expectations, estimates, projections, assumptions, opinions and/or beliefs or any change in circumstances upon which such statement is based. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other Content contributed by, any third party.
There are various risks you assume when reviewing the Content on the Site. You agree that we are not liable for any action you take or decision you make in reliance on any Content on the Site. You are encouraged to discuss information that you learn from the Site with your financial, legal, tax and other professional advisors where applicable.
Anthelion makes no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Software
At times, access to certain documents and forms on the Site may require you to download a free software application from a private entity or corporation. Anthelion is not responsible for downloads of suggested applications from an unofficial site. When possible, the Site links directly to the official company site for such downloads. Although we may offer suggestions and tips to aid our web visitors in this procedure, it is your responsibility to investigate the correct procedure for downloading, installing and using such software applications on your system. In addition, although the Site may require such a download, any software licensing agreement you enter into is not transferable to Anthelion and is legally binding only between you and the licensing corporation. Problems you encounter while downloading, installing and/or using these applications should be directed to the entity or company offering the product.
Security
There are security issues raised when submitting personal or confidential information over an Internet connection. The decision to do so is at your discretion.
We attempt to provide our users with a safe Internet browsing experience. However, there may be times when such security measures are beyond our control. You are solely responsible for correct use, maintenance and security of your computer, network system, software applications and/or electronic files. Anthelion is not liable for any damages to or loss of your computer, network system, software applications or electronic files due to inadequate security features, user error and/or failure to comply with recommended operating procedures and maintenance; nor is Anthelion liable for any damages or loss due to Internet connection and/or service failures, problems, or damages caused by applications owned and maintained by a separate corporation or entity.
Outside Links
Anthelion may use links to other websites in an effort to assist users in locating information on topics that might be of interest to them or for other reasons. Anthelion is not responsible for information on any third party website that may be referenced in, or accessible or connected by hyperlink to, the Site, and we cannot attest to the continued accuracy of information provided by linked sites. If you access any third party website through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us. Technical problems with outside links, other than a link that has been moved or changed, should be reported to the entity that maintains the applicable website. Anthelion has not necessarily reviewed any of the websites that may be linked to the Site.
Your Representations and Warranties
You represent and warrant as follows:
hat you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;
that you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement;
and that you will not delete any Content from the Site.
No Warranty
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, AND ALL USE OF THE SITE IS AT THE USER’S OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANTHELION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT CONTAINED WITHIN OR PRESENTED BY THE SITE.
ANTHELION’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANTHELION OR ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, OWNERS, PRINCIPALS, AGENTS, PERSONNEL, REPRESENTATIVES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY OR TECHNICAL PROBLEMS IN USING THE SITE, OR ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF ANTHELION OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, OWNERS, PRINCIPALS, AGENTS, PERSONNEL, REPRESENTATIVES, EMPLOYEES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES.
Breach and Indemnification
You will be responsible for any liability to Anthelion that arises out of your breach of this User Agreement or your use of the Site, which will be deemed to include without limitation any such breach or use by any person acting either on your behalf, with your permission, or under your control.
You agree to indemnify, defend and hold harmless Anthelion and its officers, directors, members, partners, owners, principals, agents, personnel, representatives, employees, agents and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: (i) your use of the Site; (ii) your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement; (iii) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or (iv) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement.
Notwithstanding anything to the contrary herein, no provision of this User Agreement is intended to be, or shall be construed as, a waiver of any rights of any user of the Site or any other person under U.S. federal or state securities laws.
Updates to the Site and Modifications to the User Agreement
You acknowledge that Anthelion may update the Site and its Contents, and may modify the terms of this User Agreement at any time and without notice to you. Modifications will be effective immediately upon posting unless we indicate otherwise. You agree to review periodically the terms of this User Agreement.
Each time you enter the Site, you agree to and fully accept this User Agreement in its then current form.
Miscellaneous
This User Agreement shall be governed by and construed under the laws of the State of New York, without regard to its principles of conflict of laws. Any legal action brought hereunder shall be brought exclusively in state or federal courts located in New York, New York, and it is agreed that such courts shall have jurisdiction over the parties to this User Agreement and any dispute arising hereunder.
Anthelion may monitor and record activity on the Site and respond as we deem appropriate.
If any provision of this User Agreement is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and this User Agreement shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
Privacy
The privacy of individuals who visit the Site is important to us. Personal information submitted electronically to Anthelion is treated in the same manner as information submitted via a mail service or during an office visit. We do not compile personal information or other information for sale to third parties.
Anthelion does collect and retain statistical and technical data about visits to the Site, such as the date and time of the visit, the length of the visit, and the pages visited. We use this information to improve the content of our web services and to help us understand how visitors use our services. This information may be shared with an outside consultant to improve the quality of the Site and prevent pay-per-click fraud.
Anthelion retains the right to monitor network traffic to identify any unauthorized attempts to cause damage to or manipulate current information on the Site.
The Site does not currently use “cookies”. We retain the right to use cookies in the future. Cookies are simple text files stored by your web browser and are used to enhance our functionality and your browsing experience. None of the information collected identifies you personally, but instead stores a randomly generated identifying tag on your computer. Cookies are commonly used to increase an application’s functionality and stores information such as: a list of forms you wish to download, search strings, your browsing preferences, etc. Many cookies are only stored temporarily. You have the ability to refuse a cookie or delete the cookie file from your computer using many widely available methods.
Our Commitment to Privacy
The relationship between Anthelion and our clients is our most important asset. We strive to maintain your trust and confidence in our firm, an essential aspect of which is our commitment to protect the confidentiality, integrity and security of your non-public personal information. As we believe that all of our clients value their privacy, we do not disclose your non-public personal information to anyone unless it is required by law, at your direction, or is necessary to provide you with our services. We do not sell your non-public personal information to anyone.
Personal Information That We Collect, Maintain, and Communicate
We collect and maintain your non-public personal information, so we can provide investment management services to Funds or Accounts in which you may invest. The types and categories of information we collect and maintain about you include:
Information we receive from you to open an account or provide investment services (such as your date of birth, social security number, address, telephone number, and financial information);
Information about your transactions with us, our affiliates, or others to service your account (such as trade tickets and account statements);
Information that we receive from third parties with respect to your account (such as trade confirmations from brokerage firms); and
Information provided to us by authorized parties acting on behalf of our clients such as accountants, attorneys, and investment consultants.
In order for us to provide investment management services, we may disclose the non-public personal information that we collect and maintain in very limited instances, which includes:
Disclosures that are authorized or requested by you;
Disclosures that are required by law (for example, to cooperate with regulators or law enforcement authorities);
Disclosures to companies that perform services on our behalf (such as data processors that provide investment accounting and reporting services, or otherwise assist us in delivering services to our clients) subject to agreements that prohibit such companies from disclosing or using the information other than for the services required or as permitted by law; and
Disclosures to companies as otherwise permitted by law, including those necessary to service your account (such as providing account information to brokers or custodians).
How We Protect Your Personal Information
To fulfill our privacy commitment, we have instituted firmwide practices to safeguard the information that we maintain about you. These include:
Maintaining physical, electronic and procedural safeguards that comply with federal regulations to guard your non-public personal information;
Limiting access to non-public personal information to employees and third parties that are necessary or appropriate to provide services to you;
Requiring third parties that perform services to us to agree by contract to keep your information strictly confidential; and
Protecting information of our former clients to the same extent as our current clients.