1 OWNERSHIP, LIMITED LICENSE TO USE THE SITE
Sightway 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 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 which may be withheld for any or no reason. You further agree not to download, display or use any Sightway 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, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Sightway, its affiliates and/or its or their licensors, that dilutes the strength of Sightway’s, its affiliate’s or its or their licensor’s property, or that otherwise infringes Sightway’s, its affiliate’s or its or their licensor’s intellectual property rights. You further agree to in no other way misuse any Sightway Content or third party content that appears on this Site.
2 USAGE PARAMETERS
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, ad 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 in writing.
Unsolicited Ideas. Sightway always welcomes consumer feedback and appreciates your interest in sharing your thoughts with Sightway. However, it is Sightway’s policy not to accept or consider unsolicited ideas from outside Sightway 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, despite Sightway’s policy, Sightway will treat the information as non-confidential and non-proprietary and Sightway 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.
3 NO OFFER OF SECURITIES; NO ADVICE
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 OR ANY SIGHTWAY AFFILIATE OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY SIGHTWAY OR ANY SIGHTWAY 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 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 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, any affiliate of Sightway 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.
4 PASSWORD-PROTECTED AREAS
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. Such passwords will only be issued to current investors in an investment fund sponsored or managed by Sightway, 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. 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 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 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 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.
6 NO RELIANCE
While Sightway uses reasonable efforts to update the information contained in the Site, Sightway makes no representations or warranties as to the accuracy, reliability or completeness of any information, Sightway 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 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 makes no representations regarding the amount of time that any Sightway Content or User Content will be preserved.
7 MATERIALS TO BE CONSULTED IN THEIR ENTIRETY
Neither Sightway, nor any affiliate of Sightway 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 or any of its affiliates without the prior review and written approval of Sightway.
8 LINKS TO THIRD PARTY WEB SITES
Sightway 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 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‘s inclusion of links to other websites does not imply any endorsement of any kind by Sightway 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 and its affiliates disclaim any responsibility for the products or services offered or the information contained on any websites other than this Site.
9 NO OFFER OF EMPLOYMENT
The Site does not constitute an offer or promise of employment with respect to any employment position described on this Site. Without notice, Sightway 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 shall be solely in accordance with the specific terms of such employment offer, not the terms of the Site.
10 NO WARRANTY
SIGHTWAY, AFFILIATES OF SIGHTWAY 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 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, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, SIGHTWAY 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 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, AFFILIATES OF SIGHTWAY 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, AFFILIATES OF SIGHTWAY 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.
11 LIMITATION OF LIABILITY; INDEMNIFICATION
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of Sightway, and affiliate of Sightway 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 acknowledge and agree that no partnership is formed and neither of you nor Sightway has the power or the authority to obligate or bind the other.
Any notice to Sightway shall be given in writing and sent by registered mail to Sightway Capital, 100 Avenue of the Americas, 16th Floor, New York, NY 10013, Attention: Matthew B. Siano, Esq., General Counsel, or at such successor address as designated by Sightway in its sole discretion from time to time.
If Sightway fails to act with respect to your breach or anyone else’s breach on any occasion, Sightway is not waiving its right to act with respect to future or similar breaches.
Last Updated November 20, 2020
© 2020 TSPI, LP. All rights reserved.