Zephyr web site terms of use​

Welcome to the web site of Zephyr Management, L.P., a Delaware limited partnership (together with its applicable affiliates, “Zephyr”). Use of this site is subject to the following terms and conditions, which constitute an enforceable agreement between you, the user, and Zephyr (“Agreement”). Unauthorized use or misuse of any information posted on this site is strictly prohibited. Your use of this site constitutes your acknowledgement and acceptance of these terms of use and your agreement to be bound by them. Zephyr may modify this Agreement at any time and in its sole discretion, by posing modified terms and conditions of use on this site. If you do not agree to these terms and conditions, please do not use this site.

Disclaimers

This site is provided for informational purposes only. Material contained in or obtained through this site is not intended as an offer or solicitation for the purchase or sale of any securities or other financial instrument or investment. The Zephyr-related investment vehicles that are briefly described on this site are included solely as a means of describing Zephyr’s business, and are not offered for sale through this site. Moreover, past performance of such vehicles, as well as of any other securities or markets, is not indicative of future results.

This site and all information accessible through this site is provided “as is.” All warranties and representations of any kind are hereby disclaimed, including any implied warranties of merchantability and fitness for a particular purpose and any warranties as to any results to be obtained through this site. Zephyr does not guaranty the sequence, timeliness, accuracy or completeness of information in this site, and may discontinue offering any information in this site in its discretion. Zephyr makes no warranty that 1) the operation of this site will meet your requirements, 2) operation of this site will be uninterrupted, timely, secure, free of errors, computer hackers, viruses or programming routines that may damage, interfere with, or adversely affect the operation of your computer or intercept or expropriate any system data or personal information, 3) that the information or results obtained from this site will be accurate or reliable, or 4) that any misinformation will be corrected.

No information on this site is intended as investment, accounting, tax or legal advice, or as a recommendation, endorsement or sponsorship of any company, security, or fund. Information on this site should not be relied upon for purposes of securities or other investment transactions. Zephyr does not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source.
“Zound Bites,” “Market Reviews,” and “Viewpoints” and others comments may contain opinions in the form of written articles or audiovisual segments. such opinions expressed in these pieces are those of the respective authors and may not necessarily represent the viewpoints of individual fund managers, underlying investment strategies or the company as a whole.

Intellectual Property

All content contained in this site (including all text, graphics, images, HTML and other coding) and all copyrights therein are owned by Zephyr. Zephyr is a service mark of Zephyr Management, L.P. You are authorized to view, download and print excerpts from this site solely for your own personal, non-commercial use, without any right to further distribute, copy, re-transmit or make any derivative use of any materials from this site.

Privacy and Security

Zephyr is concerned about privacy and takes care in the use of your personal information. We do not collect any personally identifying information from persons who visit our site without logging in, nor do we collect personally identifying information from persons who log in using previously assigned usernames and passwords (other than the fact that they logged in). We may provide new users the opportunity to register and obtain a username and password, in which case we will ask a new user who so registers to provide certain personally identifying information. Personal information we collect is used only for our internal business purposes and to respond to your informational requests. Unless otherwise required by regulatory authorities or by law, this information is not disclosed to or shared with anyone else except in an aggregated, statistical form for marketing purposes where no personally identifying information is revealed. While Zephyr uses industry standard security methods to protect information that resides on our servers, no security system is impenetrable. We therefore cannot guarantee the security of our servers or that information supplied by users will not be intercepted while being transmitted to us over the public internet.
The funds described in this site are offered by means of a private placement memorandum only. Investing in the funds involves risk, including possible loss of principal. Investors should carefully consider a fund’s investment objectives, risks, fees, charges and expenses before investing. Any information describing the funds is a summary. Please read the private placement memorandum carefully to obtain additional information about a particular fund. For further information about the funds, please contact Zephyr.

Loss of Password

If you become aware of any loss, theft or unauthorized use of your password or account number, immediately notify Zephyr. You are responsible for the confidentiality and use of your password.

Limitation of Liability

Zephyr specifically disclaims any liability (whether based in contract, tort, warranty, strict liability or otherwise) for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your use of this site, even if zephyr has been advised of the possibility of such damages.

General Provisions

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to New York’s conflict of laws principles. In the event of any dispute concerning use of or information obtained through this site, you and Zephyr expressly consent to the exclusive jurisdiction of the federal or state courts located in the State and County of New York, and waive any objection or defence based on inconvenient forum, change of venue or removal to another court or jurisdiction. Zephyr’s services are not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to local law or regulation.
The foregoing provisions of this Agreement are for the benefit of Zephyr and its subsidiaries, affiliates, successors and assigns and each shall have the right to assert and enforce such provisions directly or on its own behalf. This Agreement constitutes the entire agreement between you and Zephyr concerning your use of this site. Zephyr’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in such provision, without affecting the other provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this site must be filed within one (1) year after such claim or cause of action arose or be forever barred.