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 BarclayHedge, Ltd. (“BarclayHedge"). Clicking
the “I Agree” button at the end of this Agreement is the legal equivalent
of manually signing a paper copy of this Agreement. By clicking on the
“I Agree” button, you represent, warrant and covenant to BarclayHedge
that you are authorized to execute this Agreement on behalf of yourself and your firm
and that you, acting on behalf of yourself and your firm, intend for you and your firm to be
legally bound by this Agreement.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT,
YOU ARE NOT GRANTED PERMISSION BY BarclayHedge TO ACCESS OR OTHERWISE
USE THIS WEB SITE (“SITE”).
- Grant of License. This Site and the materials and information available
on or through it are provided by BarclayHedge 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
BarclayHedge 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.
- No Recommendations or Investment Advice. BarclayHedge 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, BarclayHedge and its licensors who
license information to BarclayHedge ("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. BarclayHedge 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.
- 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, BarclayHedge 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 BarclayHedge
actively and aggressively enforces its intellectual property rights to
the fullest extent of the law.
The contents of this Site are Copyright © 2002 BarclayHedge,
Ltd. All rights reserved. BarclayHedge 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.
BarclayHedge, and all other names, logos, and icons identifying Barclay
Group's products and services are proprietary marks of BarclayHedge,
and any use of such marks without the express written permission of Barclay
Group is strictly prohibited. Other product and company names mentioned
herein may be the trademarks of their respective owners.
- Privacy Policy. BarclayHedge considers User's personal data to be
private and operates this Site by keeping any collected information confidential.
- 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 BarclayHedge if it becomes aware of any loss
or theft of a User Password or any unauthorized use of a User Password.
BarclayHedge 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 BarclayHedge 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 BarclayHedge.
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 BarclayHedge 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 BarclayHedge. 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
Group the reasonable legal fees BarclayHedge incurs in connection with
such litigation, including any appeal therefrom.
- 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 BarclayHedge 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, BarclayHedge 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 BarclayHedge
at 2094 185th Street, Suite 1B, Fairfield, IA 52556.
- Security of Site. Actual or attempted unauthorized use of the Site
may result in criminal and/or civil prosecution. For your protection,
BarclayHedge 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. BarclayHedge will also comply with all
court orders, subpoenas and other legal processes involving requests for
such information.
- 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 BarclayHedge. 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 BarclayHedge 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. The information and materials found on this Site are directed solely at persons who are eligible to access such information and/or materials under applicable law and regulation. It is the responsibility of User to ensure that it satisfies the relevant criteria under applicable law and regulation in order to access the information and materials contained on this Site. None of the funds or investment managers named on this Site takes any responsibility for the regulatory classification of Users and/or for any reliance placed by Users on such information and/or materials.
- Investment Availability. User acknowledges that BarclayHedge 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 BarclayHedge
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
- Links to Other Sites. BarclayHedge 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 BarclayHedge and are maintained by third parties over which
BarclayHedge exercises no control. Accordingly, BarclayHedge 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.
- 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.
- Events Beyond BarclayHedge's or Information Provider's Control. Users
expressly absolve and release BarclayHedge 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.
- DISCLAIMERS.
THE INFORMATION, PRODUCTS, AND SERVICES
AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS
OR OMIT MATERIAL INFORMATION. MOREOVER, BARCLAYHEDGE 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. BARCLAYHEDGE
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 BARCLAYHEDGE 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 BARCLAYHEDGE 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 BARCLAYHEDGE
AND ITS INFORMATION PROVIDERS FOR ANY REASON WHATSOEVER RELATED
TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY USER TO
BARCLAYHEDGE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR
DISPUTE.
- Indemnity. User shall defend, indemnify, and hold harmless Barclay
Group 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
- Submissions. BarclayHedge 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 BarclayHedge 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.
- 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 BarclayHedge from its offices within
the United States. BarclayHedge 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.
- Termination. BarclayHedge 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.
- 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 BarclayHedge 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.
- 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.
- 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.
- User/BarclayHedge. No joint venture, partnership, employment, or
agency relationship exists between User and BarclayHedge as a result
of this Agreement or User's use of this Site.
-
Information We Collect
BarclayHedge or our service providers may collect information through this Site, including but not limited to information you provide when you:
- request or register for a product, service, newsletter, product sample, or online account;
- contact BarclayHedge with questions; or
- enter a sweepstakes, contest, or other promotion, or complete a survey or poll.
This information may include personal information such as your name, company, title, address, e-mail address, phone number, payment information, investor type, assets under management, transaction history, social security number, and issues or areas of interest.
BarclayHedge or our service providers may use "cookies," web server logs, web beacons, or other electronic tools to collect non-personal information about you, such as:
- IP address;
- browser type;
- operating system;
- computer platform;
- information about your mobile device;
- geo-location data; and
- the state or country from which you accessed this Site.
BarclayHedge or our service providers may also use cookies, web server logs, web beacons, or other electronic tools to collect and compile statistical and other non-personal information about your use of this Site and the services provided on this Site, such as:
- the web pages you visit on this Site;
- the date and time of your visit;
- the number of links you click within this Site;
- the functions you use on this Site;
- the databases you view and the searches you request on this Site;
- the data you save on, or download from, this Site, etc.; and
- the websites you visited immediately before and after visiting this Site.
A cookie is a small text file placed on your computer. Most browsers are set to accept cookies by default. If you prefer, you can usually set your browser to disable cookies, or to alert you when cookies are being sent. Likewise, most mobile devices allow you to disable the ability for geo-location information to be collected from your mobile device. The help function on most browsers and mobile devices contains instructions on how to set your browser to notify you before accepting cookies, disable cookies entirely, or disable the collection of geo-location data. You need to set each browser, on each device you use to surf the Web. Thus, if you use multiple browsers (e.g., AOL, Safari, Internet Explorer, Firefox, etc.), you should repeat this procedure with each one. Similarly, if you connect to the Web from multiple devices (e.g., work and home), you need to set each browser on each device. However, if you disable cookies or refuse to accept a request to place a cookie, it is possible that some parts of this Site, such as certain areas of the Site for which you need to log in, will not function properly, and the advertising you receive when you visit this Site may not be advertisements tailored to your interests.
BarclayHedge reserves the right to place advertising on the Site. When such advertising is placed on the Site, BarclayHedge, our service providers, or third-party advertisers or their advertising servers may also place or recognize unique cookies on your computer or use other electronic tools in order to help display advertisements that you may see on this Site or on other websites. Information about your visits to, and activity on, this Site and other websites, an IP address, the number of times you have viewed an advertisement, and other such usage information may be used, alone or in combination with other information, to display on your device screen advertisements that may be of particular interest to you. We may use Web beacons, provided by third-party advertising companies, to help manage and optimize our online advertising and product performance. Web beacons enable us to recognize a browser’s cookie when a browser visits this Site, and to learn which banner ads bring users to this Site. The use and collection of your information by these third-party service providers, and by third-party advertisers and their advertising servers, is not covered by this Online Privacy Policy. For information about online behavioral advertising networks and how to "opt out" of advertising cookies placed by the Network Advertising Initiative’s ("NAI") member networks, and thereby limit the tracking of your online activity and the targeted advertising you may receive, please click here. Note that even if you opt out of cookies placed by the NAI member networks, you may still receive online advertising.
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How We Use Your Information
BarclayHedge uses the information collected through this Site, including your personal information, non-personal information, and information about your use of this Site, in the following ways:
- to enhance your experience with this Site;
- to save your preferences and account information;
- to provide you with the services, products, or information that you request;
- to communicate with you (e.g. about updates to your accounts, products, or services, or to provide information about products or services in which you have indicated an interest);
- to conduct research and analysis (e.g., analyze and compile statistics about your use of this Site and other websites, and produce data analytics and reports containing only anonymous and aggregate information that we may share with third parties for their own use); and/or
- to provide information, special offers, and promotions to you regarding products and services offered by us, our affiliates, or nonaffiliated third parties
You may instruct BarclayHedge at any time not to use your personal information covered by this Online Privacy Policy to provide you with special offers and promotions by e-mailing us at media@barclayhedge.com or using your username and password to access the web page on this Site designated for this purpose. All e-mail requests must include the following information: first name, last name, and e-mail address. Please note that it may take some time to process your request, consistent with applicable law.
We may also use information collected on this Site as otherwise required or permitted by law or with your consent.
To assist us with the uses described in this Online Privacy Policy, information we or our service providers have collected from or about you through this Site, including your use of this Site, may be combined with or enhanced by other information about you that we have from other online or offline sources, including from our service providers.
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How We Share Your Information
BarclayHedge may share your personal or other information with our affiliates for their own marketing and other purposes as permitted or required by law. We may share your personal or other information with nonaffiliated third parties as permitted or required by law, including:
- with our service providers that help us to operate our business (e.g., to deliver the information, products, or services requested by you, to perform other activities related to such information, services, and products, including billing and collection, and to provide you with special offers or promotions from BarclayHedge);
- with a purchaser of BarclayHedge (or any of its assets), so it may continue to serve you;
- to comply with legal orders (e.g., a subpoena or court order), government requests, or other legal process;
- to produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, or other legal or administrative proceedings;
- to protect the interests, rights, safety, or property of BarclayHedge or others;
- to enforce any legal notices, terms of service, or agreements on or related to this Site;
- to operate BarclayHedge systems properly; and/or
- any other sharing to which you consent.
We may also share your personal or other information with nonaffiliated third parties for their use to produce data analytics and reports containing only anonymous and aggregate information that does not personally identify you, and which they, in turn, may share with other third parties for their own use.
You may instruct BarclayHedge at any time not to share your personal information covered by this Online Privacy Policy with such third parties for their use to produce such data analytics and reports containing only anonymous and aggregate information by e-mailing us at privacy@vaneck.com. All e-mail requests must include the following information: first name, last name, and e-mail address. Please note that (i) this opt-out process may take some time to complete, consistent with applicable law; and (ii) even after such opt-out process is completed, your personal and other information may continue to be shared with our affiliates (including affiliated websites under common ownership or control) and service providers and as otherwise described in this Online Privacy Policy.
- Reservation of Rights. Any rights not expressly granted herein are
reserved.
- Entire Agreement. This Agreement, BarclayHedge'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 BarclayHedge 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 BarclayHedge with respect to this Site.
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