Sightway Capital owns and maintains this Site. All information contained in this Site is intended solely for the use of those persons who have been granted permission to use this Site and who have agreed to these Terms.
Sightway Capital grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use. Except as described in the immediately preceding sentence, you may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site without prior express written permission from Sightway Capital which may be withheld for any or no reason. You further agree not to download, display or use any Sightway Capital Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Sightway Capital, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Sightway Capital, its affiliates and/or its or their licensors, that dilutes the strength of Sightway Capital’s, its affiliate’s or its or their licensor’s property, or that otherwise infringes Sightway Capital’s, its affiliate’s or its or their licensor’s intellectual property rights. You further agree to in no other way misuse any Sightway Capital Content or third party content that appears on this Site.
Means of Access. The Site is generally intended to be viewed by a conventional Web browser. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk. You are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data. You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access and use the Site. You may not use any data mining, robots or similar data gathering and extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of the Site or any data and content found on the Site, unless such devices or methods are expressly approved in advance by Sightway Capital in writing.
Unsolicited Ideas. Sightway Capital always welcomes consumer feedback and appreciates your interest in sharing your thoughts with the Sightway Capital. However, it is Sightway Capital’s policy not to accept or consider unsolicited ideas from outside Sightway Capital and its affiliates, including ideas for new or improved products or packaging, technologies, product names, or promotion or marketing strategies. Should you submit an idea to Sightway Capital, despite Sightway Capital’s policy, Sightway Capital will treat the information as non-confidential and non-proprietary and Sightway Capital and its affiliates will be free to use the information for any purpose and will not be obligated to return or acknowledge receipt of your submitted information.
THIS SITE AND THE INFORMATION INCLUDED HEREIN ARE FOR GENERAL INFORMATION PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL AT THE SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY SIGHTWAY CAPITAL OR ANY SIGHTWAY CAPITAL AFFILIATE OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY SIGHTWAY CAPITAL OR ANY SIGHTWAY CAPITAL AFFILIATE. ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF THE APPLICABLE CONFIDENTIAL OFFERING MEMORANDUM OF EACH SUCH INVESTMENT FUND OR OTHER APPLICABLE DOCUMENT, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO INVESTORS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS OF EACH SUCH INVESTMENT FUND AS DETERMINED FROM TIME TO TIME BY SIGHTWAY CAPITAL IN ITS SOLE AND ABSOLUTE DISCRETION.
Such requirements may include, among other things, qualifying as an “accredited investor” within the meaning of the U.S. Securities Act of 1933, as amended; a “qualified client” within the meaning of the U.S. Investment Advisers Act of 1940, as amended; a “qualified eligible person” within the meaning of the U.S. Commodity Exchange Act, as amended; and/or a “qualified purchaser” within the meaning of the rules promulgated under the U.S. Investment Company Act of 1940, as amended. Access to information about the investment funds managed by, or advisory services offered by, Sightway Capital is similarly limited to investors who meet the applicable investor suitability, experience and sophistication requirements. You acknowledge that participation in investment funds is speculative in nature, involves a high degree of risk and is intended only for experienced and sophisticated investors.
This Site is also not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this Site should be construed as a recommendation, by Sightway Capital, any affiliate of Sightway Capital or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.
Portions of the Site which are password-protected may be accessed only by users who have been issued passwords by an authorized representative of Sightway Capital. Such passwords will only be issued to current investors in an investment fund sponsored or managed by Sightway Capital, or to prospective investors who are eligible to receive a Confidential Offering Memorandum for one or more of those investment funds or their respective agents and designees. Password-protected portions of the Site may contain performance information for the investment funds sponsored or managed by Sightway Capital. Users of the Site acknowledge that past performance is not necessarily indicative of future results. No one may obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by Sightway Capital for their specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.
During any registration process, you must provide complete and accurate information about yourself during the registration process. It is your responsibility to maintain the currency, completeness, and accuracy of your password and registration data and any loss caused by your failure to do so is your responsibility. You may not have a user name or ID that is indecent or distasteful or that we otherwise determine in our discretion is unacceptable. You are solely responsible for maintaining the confidentiality of your password and account. Additionally, you are solely responsible for any and all activities that occur under your account. You agree to notify Sightway Capital immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate or disclose any user name, ID, password, or other information that provides you access to the Site. Sightway Capital is not liable for any loss that you may incur as a result of the unauthorized use of your password or account, either with or without your knowledge.
While Sightway Capital uses reasonable efforts to update the information contained in the Site, Sightway Capital makes no representations or warranties as to the accuracy, reliability or completeness of any information, Sightway Capital Content, or User content, at or on the Site. Any content of the Site is subject to change without notice. As noted above, permission by Sightway Capital to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice. You acknowledge that any reliance on such material or systems will be at your own risk. Sightway Capital makes no representations regarding the amount of time that any Sightway Capital Content or User Content will be preserved.
Neither Sightway Capital, nor any affiliate of Sightway Capital endorses, verifies, evaluates or guarantees any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Sightway Capital or any of its affiliates without the prior review and written approval of Sightway Capital.
Sightway Capital has not reviewed any of the websites that may be linked to the Site, and is not responsible for the content of off-site pages or any other website linked or linking to this Site. Sightway Capital and its affiliates are not responsible for the privacy practices of such other websites. Your linking to or use of any websites other than this Site is at your own risk. Sightway Capital ‘s inclusion of links to other websites does not imply any endorsement of any kind by Sightway Capital or any of its affiliates of the material located on or linked to by such websites and should not be deemed as such by any user of the Site. Sightway Capital and its affiliates disclaim any responsibility for the products or services offered or the information contained on any websites other than this Site.
The Site does not constitute an offer or promise of employment with respect to any employment position described on this Site. Without notice, Sightway Capital may eliminate, modify or change any aspects of any employment position described on the Site. This Site does not provide binding employment offers or any terms or conditions of employment. Any employment offer that may ensue as a result of your submission of information to Sightway Capital shall be solely in accordance with the specific terms of such employment offer, not the terms of the Site.
SIGHTWAY CAPITAL, AFFILIATES OF SIGHTWAY CAPITAL AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, SIGHTWAY CAPITAL CONTENT, OR USER CONTENT AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. THIS SITE AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN “AS AVAILABLE” BASIS. SIGHTWAY CAPITAL, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, SIGHTWAY CAPITAL CONTENT, USER CONTENT, ANY MATTER RELATED TO THE SITE AND SUCH INFORMATION AND MATERIALS ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. SIGHTWAY CAPITAL EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS IN THE SITE OR THE INFORMATION AND MATERIALS CONTAINED THEREIN.
You acknowledge that you are aware that by using this Site you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards.
SIGHTWAY CAPITAL, AFFILIATES OF SIGHTWAY CAPITAL AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS. SIGHTWAY CAPITAL, AFFILIATES OF SIGHTWAY CAPITAL AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND TO YOUR COMPUTER, VIRUSES THAT MAY INFECT YOUR COMPUTER, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR USE OF THE SITE.
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of Sightway Capital, and affiliate of Sightway Capital or any of its or their officers, directors, members, principals, investors, clients, agents or employees or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.
Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site.
Both you and Sightway Capital acknowledge and agree that no partnership is formed and neither of you nor Sightway Capital has the power or the authority to obligate or bind the other.
Any notice to Sightway Capital shall be given in writing and sent by registered mail to Sightway Capital, LP, 101 Avenue of the Americas, 17th Floor, New York, NY 10013, Attention: Matthew B. Siano, Esq., General Counsel, or at such successor address as designated by Sightway Capital in its sole discretion from time to time.
If Sightway Capital fails to act with respect to your breach or anyone else’s breach on any occasion, Sightway Capital is not waiving its right to act with respect to future or similar breaches.
Last Updated January 15, 2018