ALL USERS! BEFORE ACCESSING THIS SITE, PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS USE OF THIS SITE BY YOUR FIRM AND ANY MATERIAL AVAILABLE THROUGH THE SITE.
This User Agreement ("Agreement") is a legally binding contract between you, your firm, and Barclay Hedge, Ltd. ("Barclay Hedge").
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION BY BARCLAY HEDGE TO ACCESS OR OTHERWISE USE THIS WEB SITE ("SITE").
1. Grant of License. This Site and the materials and information available on or through it are provided by Barclay Hedge as a service to its users. This Agreement provides you and your firm (hereinafter, "User"), with a limited, revocable, nonexclusive, nontransferable license to use this Site conditioned on User's continued compliance with this Agreement.
User may print and download materials and information on this Site solely for its internal business use or as provided in another agreement between Barclay Hedge and your firm, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
Notwithstanding the foregoing and except as otherwise expressly permitted herein, User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, User shall not use this Site for any purpose that is unlawful or prohibited by this Agreement and shall comply with any applicable local, state, national, or international laws or regulations when using this Site.
2. No Recommendations or Investment Advice. Barclay Hedge does not provide investment advice or recommendations about investments of any kind. The information on this Site is intended for educational, informational, and research purposes only. Accordingly, Barclay Hedge and its licensors who license information to Barclay Hedge ("Information Providers") do not offer advice regarding the quality or suitability of any investment or of any investment manager and assume no responsibility or liability for any investment decisions or advice, treatment, or services rendered by any institutional investor, expert panelist, broker-dealer, investment manager, investment professional, or any other person featured on this Site. Prior to making any investment or to hiring any investment manager, User should consult with its financial advisors to verify pricing and other information and/or do such other due diligence as may be appropriate under the circumstances. Barclay Hedge and its Information Providers shall not have any liability for investment decisions based upon, or the results obtained from, the content provided on the Site.
3. Intellectual Property Rights. All material contained on or available through this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Barclay Hedge does not grant any express or implied right to User of this Site under any patent(s), copyright(s), trademark(s), or trade secret information. Accordingly, unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, patent laws, the laws of privacy and publicity, and other regulations and statutes. Please be aware that Barclay Hedge actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The contents of this Site are Copyright © Barclay Hedge, Ltd. All rights reserved. Barclay Hedge also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site's content.
Barclay Hedge, and all other names, logos, and icons identifying Barclay Hedge products and services are proprietary marks of Barclay Hedge, and any use of such marks without the express written permission of Barclay Hedge is strictly prohibited. Other product and company names mentioned herein may be the trademarks of their respective owners.
5. Sign-In Name and Password Policy; Confidentiality. Use of certain portions of this Site requires both sign-in information and a password. During the registration process for this Site, BAID, an individual will use his/her email address as the Sign-In Name ("Sign-In Name") and a password ("Password") to gain access to the restricted areas of this Site. Each Sign-In Name and corresponding Password can only be used by one individual. Anyone with knowledge of both an individual's Sign-In Name and Password can gain access to the restricted portions of this Site and the information available to each user. Accordingly, User shall keep its Password confidential.
User shall promptly notify Barclay Hedge if it becomes aware of any loss or theft of a User Password or any unauthorized use of a User Password. Barclay Hedge reserves the right to delete or change a User Password at any time and for any reason.
All information disclosed to User in connection with its use of the Site, including, without limitation any information that relates to or involves any investment manager, separate account or fund, including information relating to an investment manager's, a separate account's or a fund's performance (collectively, "Confidential Material") is of a proprietary and confidential nature and damage to Barclay Hedge and /or the separate accounts, funds and/or the investment managers could result if the Confidential Material is disclosed to any third party. Confidential Material shall not include material or information that User can demonstrate by written records is (i) already in the possession of or known to User, (ii) generally available to the public other than as a result of an unauthorized disclosure by User or its Representative (as defined below, or (iii) that becomes available to User from a source other than the Site or other than any other communication from Barclay Hedge.
Except as required by law, the Confidential Material will be kept confidential by User and will not be disclosed in any manner whatsoever, except that User may disclose all or portions of the Confidential Material to its directors, officers, employees, agents, affiliates, representatives and advisors (collectively the "Representatives") who need to know such information for the purpose of evaluating an investment in any of the investment products on the Site. User shall inform its Representatives of the confidential nature of the Confidential Material and shall direct its Representatives to treat such information confidentially and otherwise to comply with the terms of this Agreement. In addition, User and its Representatives may disclose to any person who has a beneficial interest in a fund on the Site the Confidential Material with respect to such fund. User shall maintain a complete and accurate record of all persons to whom the Confidential Material is given. User shall be responsible for any breach of this Agreement by any of its Representatives and User will, at its sole expense, use its best efforts (including, but not limited to, court proceedings) to restrain its Representatives from prohibited or unauthorized disclosure or use of the Confidential Material.
User understands and agrees that money damages would not be an adequate remedy for any breach of this Agreement and that Barclay Hedge shall be entitled to equitable relief, including injunctions and specific performance, if User or its Representatives breach or threaten to breach any provision of this Agreement. Such remedies shall not be deemed to be the exclusive remedies for a breach or threatened breach by User or its Representatives of this Agreement but shall be in addition to all other remedies available at law or equity to Barclay Hedge. User further agrees to waive any requirement for the posting of a bond in connection with any such equitable relief. In the event of litigation relating to this Agreement, if a court of competent jurisdiction determines in a final, nonappealable order that User has breached this Agreement, then User shall be liable and pay to Barclay Hedge the reasonable legal fees Barclay Hedge incurs in connection with such litigation, including any appeal therefrom.
6. Confidentiality on Internet. Use of the internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Barclay Hedge has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the internet cannot be guaranteed.
Accordingly, Barclay Hedge and its affiliates are not responsible for the security of any information transmitted via the internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. User assumes sole and complete risk for using this Site and must make his or her own determination as to these matters. For more private communication, users may contact Barclay Hedge at 2094 185th St., Suite 1B, Fairfield, IA 52556.
7. Security of Site. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Barclay Hedge reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Barclay Hedge will also comply with all court orders, subpoenas and other legal processes involving requests for such information.
8. Site Content. The information and materials found on this Site are not an offer to sell or a solicitation of an offer to buy any security or investment product or service, nor shall any such security, product, or service be offered or sold to any person, in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. The information and materials on this site also are not a recommendation, endorsement, or solicitation for any investment manager or its services. Any securities, investments, or investment managers mentioned are not recommendations of Barclay Hedge. All financial and investment information and materials on this Site, as well as reference materials or links to other sites, are for general educational, informational, and research purposes only, and are not intended to be relied upon for transactional or other purposes. Neither Barclay Hedge nor any Information Provider verifies, guarantees or warrants that the information on this Site, including without limitation performance information concerning investment managers, separate accounts and/or funds, is accurate or complete or makes any warranties with regard to the results that have or may be obtained from its use. Past performance of any security or investment manager is not an indication of future performance.
9. Investment Availability. User acknowledges that Barclay Hedge provides no assurances as to the availability of an investment in any of the separate accounts or funds on the Site. User acknowledges that each investment with an investment manager, or in a separate account or fund will require User to comply with each such investment manager's, separate account's or fund's investment requirements. User acknowledges that Barclay Hedge does not act as an agent on behalf of User or any investment manager, separate account, fund or sponsor for investment orders and that a manager or fund may accept or reject an investment from User in its discretion
10. Links to Other Sites. Barclay Hedge may provide links, in its sole discretion, to other web sites for the convenience of its users in locating related information and services. These sites have not necessarily been reviewed by Barclay Hedge and are maintained by third parties over which Barclay Hedge exercises no control. Accordingly, Barclay Hedge expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
11. 30 Day Waiting Period. User agrees not to invest in unregistered funds posted on the Site for at least 30 days after the date User is assigned a user ID unless User or its affiliates already invest in such a fund or, has already been solicited for or otherwise contacted by such fund or its sponsor.
12. Events Beyond Barclay Hedge's or Information Provider's Control. Users expressly absolve and release Barclay Hedge and its Information Providers from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic, computer or other mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
13. DISCLAIMERS. THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMIT MATERIAL INFORMATION. MOREOVER, BARCLAY HEDGE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON.
USER ASSUMES THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE. BARCLAY HEDGE AND ITS INFORMATION PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL BARCLAY HEDGE OR ITS INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BARCLAY HEDGE OR SUCH INFORMATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IF SUCH ABOVE LIMITATION DOES NOT APPLY, TOTAL LIABILITY FOR BARCLAY HEDGE AND ITS INFORMATION PROVIDERS FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY USER TO BARCLAY HEDGE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
14. Indemnity. User shall defend, indemnify, and hold harmless Barclay Hedge and its Information Providers and their respective affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from User's use of the Site, any arrangements User makes based on the information available on or through the Site, and any breach by User of this Agreement or other improper act or omission
15. Submissions. Barclay Hedge also welcomes feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "content") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Barclay Hedge to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and User hereby waives any claim to the contrary.
16. Governing Law. This Agreement has been made in and will be construed and enforced in accordance with Iowa law, as applied to agreements entered into and completely performed in Iowa. Any action to enforce this Agreement will be brought in the federal or state courts presiding in Des Moines, Iowa, U.S., and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Barclay Hedge from its offices within the United States. Barclay Hedge makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
17. Termination. Barclay Hedge reserves the right at any time and for any reason in its sole discretion to deny User access to the Site or any portion thereof, and to terminate the license to use the Site granted pursuant to this Agreement. Termination will be effective without notice.
18.Waiver. Failure to insist on strict performance of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Barclay Hedge of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. No waiver shall be effective unless in writing.
19. Admissibility. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
21. User/Barclay Hedge. No joint venture, partnership, employment, or agency relationship exists between User and Barclay Hedge as a result of this Agreement or User's use of this Site.
22. Reservation of Rights. Any rights not expressly granted herein are reserved.
23. Entire Agreement. This Agreement, Barclay Hedge's Privacy Information, and other written agreements (in electronic or printed form), all of which are hereby incorporated as if set forth fully herein, represent the entire agreement between User and Barclay Hedge with respect to use of and material available on or through this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between User and Barclay Hedge with respect to this Site.