2. PURPOSE OF THE SITE; NO OFFER OF SECURITIES; NO ADVICE
The Site is intended to provide an overview of Infinity and its products, and is for general information purposes only. The Site is not intended to provide investing, accounting, tax or legal advice. You should consult your own investment, legal and/or tax professionals regarding your specific situation. Infinity makes no representations that materials at this Site are appropriate for use in all locations, or that transactions, securities products, instruments or services discussed at this Site are available or appropriate for sale or use in all jurisdictions, or by all investors or counterparties. Those who access this site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations.
UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL AT THIS SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF ANY OFFER TO BUY SECURITIES, ANY OTHER INSTRUMENTS OR INTERESTS OF ANY FUND (DESCRIBED BELOW), WHETHER OR NOT SPONSORED OR MANAGED BY INFINITY. ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF THE PROSPECTUS OR EXPLANATORY MEMORANDUM OF EACH SUCH INVESTMENT FUND OR OTHER APPLICABLE DOCUMENT, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO INDIVIDUALS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS THAT ARE DETERMINED FROM TIME TO TIME BY INFINITY IN ITS SOLE AND ABSOLUTE DISCRETION.
While Infinity uses reasonable efforts to obtain information from reliable sources, Infinity makes no representations or warranties as to the accuracy, reliability or completeness of any information or document at this Site. Opinions and any other contents at this Site are subject to change without notice. Infinity is not utilizing this Site to provide investment or other advice to you or any other party, and no information or material at this Site is to be relied upon for the purpose of making or communicating investment or other decisions. All materials at this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure or hedge clauses 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.
3. SUMMARY OF RISK FACTORS
Investments in hedge funds and other investment funds, including those managed by Infinity and such funds’ investments in any other funds (collectively, the “Funds”), are speculative and involve a high degree of risk and are intended only for experienced and sophisticated investors. There are unique risks involved when investing in a particular Fund. You should carefully review each Fund’s offering materials and related information for specific risk and other information before investing. This Site does not list, and does not purport to list, the risk factors associated with an investment in any of the Funds.
4. CONFIDENTIALITY, INTELLECTUAL PROPERTY RIGHTS
Infinity owns and maintains this Site. The images, text, information, software, code, material, trademarks, trade names, logos and service marks displayed at this Site (collectively, the “Content”) are the intellectual property of Infinity. Nothing at this Site shall be construed as granting by implication, estoppel or otherwise any license or right to use any of the Content of the Site. No act of downloading or otherwise copying from this Site will transfer title to any software or material at this Site to you. Anything that you transmit to this Site becomes the property of Infinity, may be used by Infinity for any lawful purpose, and is further subject to disclosure as deemed appropriate by Infinity including to any legal or regulatory authority to which Infinity is subject. Infinity reserves all rights with respect to copyrights, service mark and trademark ownership of all Content at this Site and will enforce such rights to the full extent of the law.
Unless information contained on the Site is otherwise public information, all Content contained on the Site is considered to be confidential information (including the Site’s features, functions, options, tools, capabilities, format and layout, etc.), and you agree not to copy, republish or redistribute any of the Content or disclose the same to any third parties unless and only to the extent Infinity has given you written permission to do so.
The Site is operated by Infinity on an “AS IS,” “AS AVAILABLE” basis, without representations or warranties of any kind. INFINITY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Infinity does not represent or warrant that the Content on the Site is accurate, reliable, complete or current or that the Site will operate without interruption or error. Infinity makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause problems, such as viruses or other harmful components. Infinity shall not be liable for any action you take or any decision you make in reliance on the Site. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
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.
6. LIMITATION OF LIABILITY
Under no circumstances, shall Infinity and its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of Infinity or its affiliates has been advised or should have known of the possibility of such damages. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. In no event shall the total liability of Infinity or any of its affiliates for any and all damages and causes of action exceed the amount paid by you, if any, for the use of this Site.
7. MONITORING THE SITE
Infinity reserves the right to monitor and record activity on the Site at its sole discretion, and may report any activity that it suspects may violate any law or regulation as it deems appropriate.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, U.S.A., excluding its conflicts of law principles.
PRIVACY NOTICE FOR CLIENTS/CUSTOMERS
Infinity Capital Partners, LLC
As required under applicable federal law, this notice informs you of the privacy policies of Infinity Capital Partners, LLC (ICP) and its affiliated investment funds.
ICP does not disclose nonpublic personal information about its clients or former clients to third parties other than as set forth below. As you know, ICP obtains information about you in connection with the advisory/investment management services that ICP provides to you. This information may include your name, address, social security number, tax identification number, net worth, total assets, income and other financial information necessary to determine required accreditation standards (as well as financial sophistication). This information may be obtained through discussions, documentation (such as subscription agreements or advisory service agreements) and in the course of the advisory/investment management services ICP provides to you. ICP may use this information to provide advisory/investment management services to you, which can include the opening of accounts and other actions necessary to affect your advisory transactions. In connection with providing you with such services and effecting client transactions, ICP may provide your personal information to its affiliates and other firms that assist ICP in providing you with advisory/investment management services and effecting client transactions (such as fund administrators and compliance/operational support service providers). ICP may also provide such information to services providers and financial institutions with which the ICP has joint marketing relationships.
It should be noted, that ICP requires or will require all such external service providers and other financial institutions (that ICP discloses your personal information to) to protect the confidentiality of your personal information and to use such information only for the purposes for which it was disclosed to them. Except as noted above, ICP does not, and will not, provide nonpublic personal information about you to outside firms, organizations, groups or individuals except to ICP’s attorneys, accountants and auditors and as required or permitted by law.
ICP restricts access to nonpublic personal information about you to its employees who need to know such information to provide advisory/investment management or administrative services to you. ICP will maintain such safeguards that comply with federal standards to protect your nonpublic personal information.