Geraty Investments | Terms of use

GERATY INVESTMENTS LP TERMS AND CONDITIONS OF SITE USE

Legal Notice

Welcome to the Internet Website (the “Site”) for Geraty Investments, LP and BA Securities (“Geraty”). This Site is owned and operated by Geraty. For the purposes of this agreement, “Geraty” shall mean Geraty and its affiliates (including BA Securities) and their respective officers, directors, managing directors, partners and employees. By using or accessing this Site, you agree to be legally bound and abide by the terms and conditions set forth below and elsewhere on this Site, which constitute a legal agreement between you and Geraty (“Agreement”). If you do not agree with any terms of this Agreement, you may not use this Site or download anything from it. Geraty reserves the right to change the terms of this Agreement at any time; you agree that in such event, you shall be bound by any such changes. You should therefore periodically review this Agreement prior to each use of the Site. Your use of this Site constitutes your acceptance of the terms of this Agreement.

I. General Disclaimers

All persons using and interacting with the Site expressly agree to the following disclaimer as a pre-condition to using the Site for any purpose whatsoever.

THIS IS NOT AN INVITATION OR OFFER TO PURCHASE INTERESTS. THE MATERIALS AND ANY VIEWS EXPRESSED HEREIN ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND SHOULD NOT BE CONSTRUED IN ANY WAY AS AN ENDORSEMENT OR INDUCEMENT TO INVEST IN ANY OF THE ALTERNATIVE INVESTMENT PRODUCTS MENTIONED HEREIN. IF ANY OFFER FOR INVESTMENT IS MADE, IT SHALL BE PURSUANT TO A DEFINITIVE OFFERING MEMORANDUM BY OR ON BEHALF OF THE RESPECTIVE HEDGE FUND OR OTHER ALTERNATIVE INVESTMENT PRODUCT, WHICH WOULD CONTAIN MATERIAL INFORMATION NOT CONTAINED HEREIN AND WHICH SHALL SUPERSEDE THIS INFORMATION IN ITS ENTIRETY.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION ON THIS SITE. ALL SITE INFORMATION AND THE SITE ITSELF ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, GERATY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND TO YOU AND/OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THE USE OR INABILITY TO USE THE SITE, OR THE CORRECTNESS, QUALITY, ACCURACY, RELIABILITY, PERFORMANCE, COMPLETENESS, TIMELINESS OR CONTINUED AVAILABILITY OF THE SITE AND ANY INFORMATION AND DATA CONTAINED IN OR PROVIDED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, GERATY MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, INCLUDING THE INFORMATION THEREIN, WILL CONFORM TO ANY DESCRIPTION THEREOF OR PERFORM ANY DESIRED OPERATIONS OR FUNCTIONS, BE UNINTERRUPTED OR ERROR-FREE, OR BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DISABLING OR HARMFUL COMPONENTS.

All information provided to Geraty through your use of the Site is subject to Geraty’s Privacy Policy, which is disseminated to its investors on an annual basis. The security of our investor’s personal information is important to us. We will never sell, distribute or share any of this information with third parties, except for companies that provide services necessary to maintain your Geraty account, such as our prime broker, accountants, banks and administrator, who are under obligations of confidentiality and may not use such personal information for any other purposes.

Hedge fund investing is speculative and may involve substantial investment, liquidity and other risks. Any decision to invest in a fund described herein should be made after reviewing the definitive offering memorandum for the respective fund, conducting such investigations as the investor deems necessary and consulting the investor's own investment, legal, accounting, and tax advisors in order to make an independent determination of the suitability and consequences of an investment in the respective fund. Hedge funds can be leveraged and their performance results can be volatile. Certain investments may not be suitable for all investors. Past performance is no indication of future results. There is no secondary market for the investors' interest in the respective fund. The fund's high fees and expenses may offset the fund's profits.

II. Restrictions on Use and Intellectual Property Rights

Portions of this Site are private and intended solely for the use of the individual entity that has been allowed and specifically authorized to view the information contained herein. Any information on this Site referring specifically to hedge funds or other alternative investment products offered by Geraty is only available for view with a username and password, which can be obtained by registering and becoming pre-qualified by Geraty. All user names and passwords shall be maintained in confidence by you and may not be used by or shared with other persons without the prior written consent of Geraty. Users shall immediately notify Geraty of any unauthorized use of their account or any other breach of security of their account. Users agree to use particular caution when accessing an account from a public or shared computer so that others are not able to view or record its password or other information about the account.

You represent that all information you provide to Geraty for the purpose of opening an account and receiving a user logon ID and password to access this Site will be and remain true, accurate, complete and current. You agree to promptly update your Site registration information as necessary such that it is, at all times, true, accurate, complete and current. Geraty may terminate or, at its option, suspend, your rights to use the Site if any information provided by you is false, incomplete or inaccurate.

Geraty reserves the right at any time, upon any violation of this Agreement or other violation of law, misuse of this Site or other acts by you, which in the opinion of Geraty violate or threaten any of Geraty’s rights or those of any other person or entity, to terminate any registered user's account and/or or suspend and user’s access to the Site, without giving notice to the user.

Any dissemination, distribution or copying of any information on this Site, which is not for personal non-commercial use, is strictly prohibited. Authorized users of the Site may view, download and print information and materials on the Site for personal and internal business use, provided that all hard copies of such information and material contain all copyright and other applicable notices and that such notices not be removed or altered. Users may not reproduce, modify, copy, alter in any way, distribute, sell, resell, transmit, transfer, license, assign, or publish any information obtained from the Site. Users shall not use the Site at any time for any purpose that is unlawful or prohibited and shall comply with any applicable local, state, national, or international laws or regulations when using the Site. Users shall not scan, probe or test the vulnerability of any portion of the Site or any other service, network or databases connected to the Site. Users shall not breach the authentication or security measures on the Site or any network connected to the Site. Users shall not trace, seek to trace or reverse look-up any information on any other user of the Site, or any other customer of Geraty, including any account not owned by a User, to its source, or exploit the Site’s services or any service or information related thereto made available or offered by or through the Site, in any way other than as specifically authorized by this Agreement.

Geraty logos and marks included on the Site, identifying the Site's services and products, are proprietary trademarks and service marks owned by Geraty. The use of such logos and marks without the express written consent of Geraty is strictly prohibited. Geraty or its licensors own all content on the Site and all copyrights in such content, including without limitation all text, graphics, images, charts, data, screen displays and menus. The unauthorized use of any material on the Site may violate numerous statutes, regulations, and laws, including, but not limited to, copyright, trademark, trade secret or other applicable laws.

III. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GERATY WILL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, PERMANENT OR TEMPORARY LOSS OR CORRUPTION OF CONTENT OR LOSS OF GOOD WILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF GERATY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, DATA, SERVICES OR TECHNOLOGY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT. GERATY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THIS SITE SHALL BE THE CANCELLATION OF YOUR ACCOUNT WITH GERATY AND TERMINATION OF YOUR ACCESS RIGHTS TO THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

If a User is deemed a California resident or subject to California law, such User expressly waives California Civil Code §1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

IV. Indemnification

You agree to indemnify, defend and hold harmless Geraty from any loss, liability, damage or injury (including reasonable attorneys’ fees) incurred by Geraty or asserted against Geraty as a result of (a) any use or misuse by you of the Site, (b) any actions related to your receipt and use of any information contained in or accessible through this Site, whether or not authorized, (c) any infringement by you of any of Geraty’s intellectual property rights, (d) your breach of any of the provisions contained in this Agreement, (e) the authorized or unauthorized use by others of your user name, password or account, and (f) claims asserted by third parties which, if proven, would place you in breach of any of the provisions contained in this Agreement.

V. Choice of Law and Jurisdiction

The terms and construction of this Agreement are governed by the laws of the State of Minnesota, without regard to common law principles.

THE SOLE JURISDICTION AND VENUE FOR ANY ACTIONS OR CLAIMS RELATED TO OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THIS SITE SHALL BE IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF MINNESOTA, COUNTY OF HENNEPIN, AND YOU AND GERATY HEREBY CONSENT TO SUCH EXCLUSIVE PERSONAL JURISDICTION AND WAIVE ANY OBJECTION OR DEFENSE BASED ON VENUE OR INCONVENIENT FORUM. YOU AND GERATY FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, THEY ARE EACH WAIVING AND DO WAIVE THE RIGHT TO A TRIAL BY JURY.

This Site is controlled and operated from Geraty’s facilities in the United States. Geraty makes no representations that the Site and its content are appropriate or available for use in other locations. If Geraty makes the non-public portions of the Site available to a User outside the United States, such User’s access or use of the Site from other jurisdictions is at the User’s own volition and sole risk, and such User shall be entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to investments, export and import of software, technical information, services, and data privacy and security.

If Geraty takes any legal action against a User as a result of such User’s breach of this Agreement, User agrees that Geraty will be entitled to recover from User, and User agrees to pay, all reasonable attorneys’ and any expert fees and costs of any related enforcement action, proceeding or arbitration, in addition to any other relief granted to Geraty. User agrees that Geraty will not be liable to User or any third party for termination or suspension of User’s access to the Site or any services or content accessible in or through the Site as a result of any violation of, or otherwise in accordance with, the Agreement.

VI. Notifications

In addition to any required notices that Geraty is required by law and regulation to send to Users with active accounts, Geraty has the right to send Users information in connection with the Site. Geraty may send Users such information in electronic form via e-mail to the e-mail addresses Users provide to Geraty in connection with their accounts. Users may occasionally receive email and other communications from Geraty, such as administrative communications relating to their account (e.g., for purposes of account recovery or password reset). These communications are considered part of the Site services and the User’s account, which User may not be able to opt-out from receiving. User may opt-out of certain other informational communications from Geraty. Notices provided to User via e-mail will be deemed given and received on the transmission date of the e-mail.

Users agree that as long as they access the Site, they will have, or have access to, the necessary software and hardware to receive such email notices and not block their receipt as spam or other unwanted transmissions.

VII. Illegality

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

VIII. Miscellaneous

If any provision in this Agreement is held to be invalid or unenforceable, then the remaining provisions shall continue in full force and effect. This Agreement, together with the Geraty Privacy Policy, constitutes the entire agreement between you and Geraty concerning your use and access to the Site, and supersedes any prior agreements or understandings between you and Geraty regarding the same. You may not assign or otherwise transfer your rights under this Agreement without the prior written consent of Geraty.