By accessing this web site and any information and materials contained herein (the "Site"), you agree to the following terms and conditions pertaining to the use of the Site. Weiss Multi-Strategy Advisers LLC and its affiliates ("Weiss") reserves the right to change the terms, conditions and notices under which this Site is offered without notice. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in this Agreement as to Terms of Use ("Terms of Use").
Intellectual Property
Except as otherwise expressly described below, nothing in these Terms of Use or the Site either grants to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark or other intellectual property contained in the Site, including without limitation the name or logo of Weiss. Any information that you transmit to the Site (including personally-identifiable information) will become the property of Weiss and may be used by Weiss for any lawful purpose, subject to the Privacy Policy described below. Weiss reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site.
Weiss 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. You may not 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.
No Securities Offering
Except by way of a Confidentiality Private Offering Memorandum or Confidential Explanatory Memorandum (and the related Amended and Restated Limited Liability Company Agreement and Subscription Documents, as applicable) (collectively, the “Confidential Private Placement Memorandum”), which will not be provided to initially even though we have agreed to give you access to the Site, under no circumstances should any other material at the Site be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any private investment fund managed by Weiss. Any such offer or solicitation can and will be made only by means of the Confidential Private Placement Memorandum, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of the relevant investment fund, including qualifying as an accredited investor under the Securities Act of 1933 and a qualified purchaser under the Investment Company Act of 1940.
Privacy Policy
In registering to gain additional access to the Site, you will be asked to provide Weiss with personal information about you. Personal information is any information that can be used to identify or contact a specific individual or company. Weiss may use personal information for its own internal purposes, or on behalf of its affiliates. Weiss will not transfer, sell or disclose your personal information to any other third party without your prior consent, except as may be required by law or legal process or to protect the integrity of the Site. In general, Weiss limits access to personal information obtained through your use of the Site to those personnel who need to know such information to conduct Weiss business. Weiss maintains physical, electronic and procedural safeguards designed to protect such information from unauthorized access or use. Weiss will use personal information obtained through your use of the Site only in accordance with the privacy policy in effect at the time such information was provided.
Additional Notice to European Users Relating to Data:
You agree that due to the international operations of Weiss, Weiss may provide personal information to affiliates that may be outside your resident jurisdiction (subject to the Privacy Policy described above), and that such data may be stored on servers located in other jurisdictions. In addition, you consent to the transfer of such data outside of the European Union as described in the above Privacy Policy. If you do not consent to the terms of this Privacy Policy, please do not use the Site, and, if you have provided personal identifying data, please contact Weiss to discuss your preferences as to how Weiss handles such data.
Materials to be Reviewed in their Entirety
All materials at the Site are meant to be reviewed in their entirety, including all footnotes, legal disclaimers, restrictions and disclosures, and any intellectual property 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.
No Reliance or Obligation to Update
While Weiss updates the information contained in the Site periodically, Weiss makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Weiss does not intend to inform users as to any change in the information contained at the Site or update users as to any errors or inaccuracies that are discovered.
No Warranties with respect to the Site
WEISS MULTI-STRATEGY ADVISERS, ITS AFFILIATES, OR THEIR MEMBERS, MANAGERS, OFFICERS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND. WEISS HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.
Limitation of Liability
IN NO EVENT SHALL WEISS MULTI-STRATEGY ADVISERS, ITS AFFILIATES, OR THEIR MEMBERS, MANAGERS, OFFICERS, AGENTS AND EMPLOYEES 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 (1) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR (2) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (3) 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 WEISS MULTI-STRATEGY ADVISERS LLC, ITS AFFILIATES, OR ANY OF THEIR MEMBERS, MANAGERS, OFFICERS, AGENTS AND HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Miscellaneous
These Terms of Use are governed by the internal laws of the State of New York, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in Manhattan, New York, as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. You hereby appoint the Secretary of State of the State of New York as your agent for service of process in any such proceeding.
Any notice to Weiss shall be given in writing and sent by registered mail to Weiss Multi-Strategy Advisers LLC, 320 Park Avenue, 20th Floor, New York, New York, 10022, Attention: General Counsel.