Terms of Use

Introduction

These Terms of Use provide you with a personal, revocable, non-exclusive, non-transferable license to use the Hedge Scout website conditioned on your continued compliance with the terms and conditions of these Terms of Use. You may, on an occasional and irregular basis, use, solely for your internal business purposes, the information, news, research, and data materials on the website or accessible by a link on the website.

In each case, you may not obscure, alter, remove, or delete any copyright or other proprietary notices or disclosures or any information contained in such materials. With the exception of the foregoing and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, distribute, repackage, redistribute, disseminate, broadcast, transmit, reproduce, publish, license, transfer, sell or re-sell, mirror, frame, “deep link,” “scrape,” data mine, or otherwise use or store for subsequent use for any such purpose, any information or materials obtained from or through this website, without Hedge Scout's prior written consent. Further, you may not post any materials from this website to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of Hedge Scout.

You covenant and warrant to Hedge Scout that you will not use this website for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (i) disrupting, impairing, or interfering with this website, or (ii) collecting any information about other users of this website, including access tokens, accounts, or other information.

All materials contained on the Site or accessible from the Site, unless otherwise indicated, are 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. The Site, its materials, layout, and design are the exclusive property of Hedge Scout LLC or its licensors, and except as expressly provided herein, Hedge Scout does not grant any express or implied rights in any such materials to you.

Notwithstanding anything to the contrary in these Terms of Use, including with respect to any rights expressly provided to you herein, you may not use scraping tools or other computer automation to copy or extract any materials contained on this Site for any purpose. Hedge Scout owns the copyright in the Site as a collective work and/or compilation, any and all databases accessible on the Site, and in the selection, coordination, arrangement, and enhancement of the materials on the Site.

"Hedge Scout," "Hedge Scout Juggernaut," "Hedge Scout Performance Partners," "Hedge Scout 17alpha," and all other names, logos, and icons identifying Hedge Scout and/or Hedge Scout products and services are proprietary marks of Hedge Scout or its licensors. Third-party trademarks displayed on the Site are the property of their respective owners.

Accredited Investor Status

By using any Hedge Scout Product or Service, you certify that you are an accredited investor as defined under Rule 501(a) of the U.S. Securities Act of 1933. It is the user's responsibility to ensure their status as an accredited investor before using any Hedge Scout Products or Service.

Privacy Policy

Please see Hedge Scout's Privacy Policy available at Hedge Scout Privacy Policy for a summary of Hedge Scout's personal data collection and use practices with respect to the Site and the business.

Access Token Policy

Your use of certain portions of the Site requires an access token, which is provided via an email link. As part of the registration process, you must provide Hedge Scout with accurate, complete, and up-to-date information, including a valid email address. The access token sent to your email allows you to gain entry to the restricted portions of the Site and the information available to you. Accordingly, you must keep your access token secure and not share it with others. By agreeing to these Terms of Use, you agree to be solely responsible for the confidentiality and use of your access token, as well as for any communications entered through this Site using your access token. You will also immediately notify Hedge Scout if you become aware of any loss or theft of your access token or any unauthorized use of your access token. Hedge Scout reserves the right to invalidate or change access tokens without notice at any time and for any reason.

Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Hedge Scout has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Hedge Scout and its licensors and suppliers 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. Hedge Scout and its licensors and suppliers shall have no liability for interruptions or omissions in Internet, network, or hosting services. You assume the sole and complete risk of using the Site.

Enforcing Security

Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. To maintain the security and integrity of the Site, Hedge Scout reserves the right to review and record activity on the Site to the extent permitted by law and consistent with Hedge Scout Privacy Policy. Any information obtained by such reviewing or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site. Hedge Scout will also comply with all court orders involving requests for such information.

Hedge Scout may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by Hedge Scout and are maintained by third parties over which Hedge Scout exercises no control. Accordingly, Hedge Scout and its directors, officers, employees, agents, representatives, licensors, and suppliers (together, the “Hedge Scout Parties”) expressly disclaim any responsibility for these third-party websites, including, without limitation, for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.

Events Beyond Hedge Scout Control

You expressly absolve and release Hedge Scout and its licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, internet failure, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, pandemics, strikes or other labor problems, wars, terrorism, or governmental restrictions.

DISCLAIMERS

Your attention is directed to disclosures and disclaimers posted on this Site, which are incorporated herein by this reference.

The information provided by Hedge Scout is not intended as investment advice. Hedge Scout websites, products, or services should not under any circumstances be considered as such, nor as an attempt to promote, offer to sell, or solicit an offer to buy any of the investments discussed, nor to make any investment decision. Hedge Scout does not guarantee and takes no responsibility for the accuracy of any Hedge Scout information, data, or statistics. Hedge Scout products and services contain information concerning financial services and investment products and funds incorporated and registered in different jurisdictions. Readers are warned that the investment funds or strategies featured are not suitable for members of the general public and that investment fund prices can go down as well as up. Shares in the investment funds mentioned may not be eligible or suitable for sale in some jurisdictions and are not to be offered to the public in the United States.

Access to this information may be restricted by laws and regulations applicable to the client, especially the law of the country where Hedge Scout products or services are accessed. It is the client’s responsibility to be informed and to observe all applicable laws and regulations of any relevant jurisdiction. Any information provided by Hedge Scout does not constitute an offer or solicitation to buy or sell any security or fund by anyone in any jurisdiction, nor should it be regarded as a contractual document. Under no circumstances should the information provided by Hedge Scout, including communications, products, or services, be considered as investment advice or as a sufficient basis on which to make investment decisions.

Hedge Scout authorizes each authorized client to view, download, or print the information created by Hedge Scout for personal use only. Any dissemination in any manner, commercial or not, is expressly prohibited. Except for the right to view, print, or download for personal use as described above, any reproduction, copy, transfer to, or reference of any Hedge Scout product, and any dissemination, reproduction, modification, or translation in whole or in part, of any information provided by or delivered by Hedge Scout, either electronically or through mailings, is strictly forbidden.

Past performance is no guarantee of future results.

Reservation of Rights

Any rights not expressly granted herein are reserved.

Hedge Scout does not act on the initiative of or on behalf of the Alternative Investment Fund Managers to which the information Hedge Scout produces, publishes, or distributes relates. Hedge Scout produces products and services relating to a large number of hedge funds, digital asset investment strategies, and managed futures investment programs or commodity trading advisors. Hedge Scout and its employees are not making offers and do not communicate information that can be construed as an offer capable of acceptance. Hedge Scout simply publishes information relating to hedge funds, digital asset investment strategies, managed futures funds, commodity trading advisors or other investment funds and does not give advice to subscribers to its services. You acknowledge that you are viewing the contents received from Hedge Scout on your own initiative.

Data or Information Submissions

Hedge Scout welcomes feedback and suggestions about how to improve its products or services. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “content”) received through a Hedge Scout or Hedge Scout-affiliated website, email, or from the site's domain, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Hedge Scout 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 the client hereby waives any claim to the contrary.

Third Party Confidentiality Agreement

The client may receive or will have access to or learn certain information belonging to third parties or Independent Parties (“Independent Parties”) that are proprietary and confidential (“Confidential Information”). The client shall use reasonable efforts to maintain the confidentiality of Hedge Scout products or services (and no less effort than the client uses to protect its own proprietary information) and, except as otherwise provided herein or authorized in writing by Hedge Scout, shall not disclose the products or services or their contents to any person other than an employee of the client who is within the recipient/customer group designated by the client on the date any order was processed by Hedge Scout.

Confidential Information shall mean any secret or proprietary information relating directly to the disclosing party’s business and that of the disclosing party’s affiliated companies and subsidiaries, including, but not limited to, fund performance, terms, contact information, strategies, personnel and other business affairs of the disclosing party and its affiliated companies and subsidiaries. The client agrees to keep strictly confidential all Confidential Information and will not use, sell, market, publicize, make an announcement, or disclose any Confidential Information to any third person, firm, corporation, or association for any purpose. The client further agrees not to make any copies of the Confidential Information. These obligations shall survive the termination or natural expiry of the client’s access to the subscription, or subscription of services.

Third Party Tracking Software

The client agrees that Hedge Scout may, at its sole discretion, utilize third-party tracking software or other electronic tools to monitor for any client’s unauthorized dissemination, modification, or reproduction of any Hedge Scout product or service to users who are not specified as clients of Hedge Scout. Refer to the Hedge Scout Privacy Policy found on the Hedge Scout website for additional information.

30 Day Waiting Period

The client agrees not to invest in unregistered funds discussed by any Hedge Scout product or service for at least 30 days after the date the client is assigned a free trial, if any, or subscription unless the client or its affiliates already invest in such a fund, or have already been solicited for or otherwise contacted by such fund or its sponsor.

Indemnity

You agree to defend, indemnify, and hold harmless Hedge Scout, its affiliates, employees, contractors, officers, and directors, and any third-party providers, from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of this Site, your breach of these Terms of Use, or your breach of any third party rights. Hedge Scout reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Hedge Scout in asserting any available defenses.

Governing Law

These Terms of Use, and all matters arising directly or indirectly from your access to or use of this Site, shall be governed by and construed and enforced in accordance with the laws of the State of Connecticut, without regard to its conflict of laws principles. Any legal action or proceeding relating to these Terms of Use or your access to or use of this Site shall be instituted in a state or federal court in Connecticut, and you and Hedge Scout agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Waiver and Severability

The waiver by either party of any breach or default of these Terms of Use will not be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is held to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Use.

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.

Termination

Hedge Scout may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including without limitation, breach of these Terms of Use. In the event these Terms of Use are terminated, the restrictions regarding materials appearing on the Site, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms of Use will survive termination. If you are dissatisfied with the services provided through the Site or with any of the Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Hedge Scout regarding the use of the Site and supersede all prior agreements between you and Hedge Scout relating to the subject matter hereof.

Contact Information

If you have any questions about these Terms of Use, please contact Hedge Scout at:

Hedge Scout LLC

PO BOX 4180

Greenwich CT 06831

Info@HedgeScout.com

These Terms of Use were last updated on 15th June 2024.