Terms Of Use

 

INTRODUCTION

By accessing this website (the “Site”), you agree that your access to and use of this Site, including any information and material contained in this Site ("Content") provided by EAM Partners L.P. (“EAM”), shall be exclusively governed by the terms and conditions set forth in this On-Line Access and Terms of Use Agreement (the “Agreement”). You should read the terms and conditions of this Agreement carefully. Do not access this Site unless the terms and conditions are acceptable to you. EAM may refuse access to and usage of this Site to anyone at any time, in its sole discretion. EAM reserves the right to modify or discontinue this Site without notice, or change the terms and conditions governing your access to and use of this Site, at any time.

PURPOSE OF THIS SITE

This Site is intended to provide an introduction to EAM and the Trader Vic Index® (the “Product”); however it does not purport to provide complete details on such Product. This Site is for information purposes only, and should not be construed as investment, legal or tax advice. EAM itself does not provide portfolio management services or any other form of investment advice. In particular, EAM itself does not direct client accounts or provide commodity trading advice based on or tailored to the commodity interests or cash markets or other circumstances of a particular client. None of the Content on this website is intended, or should be used, as any form of advice or recommendation. Prospective licensees of the TVI® or investors in products based on the TVI® are urged to consult with their own advisors regarding an investment therein.

EAM makes no representations that the Content on this Site is appropriate for use in all locations. Those who access this Site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations.

This Site is not directed at or intended for distribution to or used by, any person or entity that is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject EAM to any registration or licensing requirement within such jurisdiction. If you are such a person, you are not authorized to enter this Site.

EAM does not sponsor, endorse, sell, or promote any investment fund or other vehicle that is offered by third parties and that seeks to provide an investment return based on the returns of the TVI®. Neither this Site nor any Content constitutes an offer to sell (nor the solicitation of an offer to buy) any security. Any such offer may only be made by the offering memorandum and/or other disclosure document prepared by the issuer or sponsor of each such security, which contains important disclosures and risk factors and which all investors must receive in conjunction with the offering thereof. Prospective licensees of the TVI® or investors in a product based on the TVI® shall solely rely upon such disclosure document in making an investment decision and not on the Content contained on this Site.

While EAM uses reasonable efforts to obtain information from reliable sources and in calculation of the data herein, EAM makes no representations or warranties as to the accuracy, reliability or completeness of any information or document on this Site. EAM ACCEPTS NO RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE STATISTICAL INFORMATION THAT IS CONTAINED ON THIS SITE. IN NO EVENT SHALL EAM BE LIABLE TO ANY PERSON OR ENTITY (UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY) FOR ANY LOSS, LIABILITY OR OTHER DAMAGE, DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO THE INNACURACY OR INCOMPLETENESS IN, ERRORS OR OMISSION IN THE DELIVERY OF, THE STATISTICAL INFORMATION ON THIS SITE. The statistical information is based on data compiled by EAM. Unless otherwise indicated, EAM derived all other data from Bloomberg, Standard & Poor’s, Ibbotson Associates or Ryan Labs, respected third-party research companies. The information provided by such entities is subject to adjustment, which may require EAM to make adjustments to the information provided on this Site. In addition, rounding differences between the various computer programs utilized in computing the data on this Site, may result in minor inaccuracies in the data presented. Opinions and any other contents on this Site are subject to change without notice. EAM is not utilizing this Site to provide investment or other advice to you or any other party, and no information or material on this Site is to be relied upon for the purpose of making or communicating investment or other decisions.

All materials on 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.

SUMMARY OF RISK FACTORS

The TVI® is structured based on, among other things, the general expectation that the prices for the futures included therein will exhibit tendencies to trend over the long-term. The TVI® is designed to seek the economic benefit of price trends within a cross section of futures markets over the long-term and does not seek to gain from short-term movements in prices. The market features and correlations which the TVI® has been designed to capture may not be reflected in market price movements over certain periods – particularly over short periods. Moreover, TVI® index performance may be volatile and no assurances can be made that the TVI® will achieve its objectives or that losses will be avoided. Among the risks associated with the TVI® are the following: The TVI® is not a proxy for “all long” indexes. In contrast to traditional “all long” indexes, the TVI® does not always maintain long positions and may not profit from the cyclical nature of the futures included therein. • The TVI® is vulnerable to “whipsaw” markets in which market movements may cause the bulk of its components to be positioned in a certain direction (e.g. long, short or no exposure, as the case may be) and then a sudden reversal of prior price trends occurs, causing losses. • The complexity of the different factors which contribute to the results of the TVI®. • The TVI® could decline in a wide range of different market scenarios, including ones in which other similar products (both all long and long/short), rise substantially. • The TVI® is based on futures, not cash market prices; those prices may differ materially in general as well as for specific components. • Replication of the TVI® involves execution costs and position slippage which can be substantial, and may be affected by, among other things, disruption caused by futures market closures and/or trading price or volume limitations imposed by one or more futures markets. • The TVI® is subject to the risks of, among other things, “trading ranges” (in which there is a lack of sustained, directional price movements in many markets) and “whipsaw” markets (described above). In general, such market conditions are more likely to occur during economic environments of low-growth or static GDP despite very low interest rates, accompanied by low inflation (e.g. economic environments similar to that experienced by Japan since 1989). The “trading ranges” and “whipsaw” experienced by many U.S. markets since 2009 (with notable exceptions), along with abrupt changes prompted by government intervention and highly correlated markets, have been adverse to many trend-following indexes and methodologies. The length of time for which such market conditions have persisted is unique in the United States in the last 50 years. There can be no assurances that such current market conditions will change. Past performance is not necessarily indicative of future results. There are numerous factors related to the markets in general and to the implementation of any product seeking to replicate the TVI® that cannot be, and have not been, accounted for in the preparation of the information on the TVI® set forth in this document, all of which can adversely affect actual performance results for any product seeking to replicate the TVI®.

INTELLECTUAL PROPERTY RIGHTS

This Site is owned, maintained and published by EAM. Copyright © 2016-2018 EAM Partners L.P. All Rights Reserved. The Content is the property of EAM and is protected by copyright and other intellectual property laws. EAM claims a copyright in all proprietary and copyrightable text, graphics and computer code on this Site. All trade names, trademarks, service marks and other product and service names and logos in this Site and within the Content are proprietary to EAM and its affiliates, as applicable, and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) in this Site and within the Content may be registered or unregistered marks of EAM or its affiliates. Nothing contained in this Site or within the Content should be construed as granting any license or right to use any of the Marks in this Site or within the Content without the express written permission of EAM or its affiliates, as applicable. Illegal or unauthorized use of the Marks or any other Content included in this Site or within its Content is strictly prohibited.

Except as stated herein, none of the Content may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of EAM or the copyright owner. You may not use the Site or any of the Content for any unlawful purpose or any purpose prohibited by this Agreement, nor may you use the Site to solicit any illegal activity or any activity that may infringe upon the rights of others. You also may not, without EAM’s permission, “mirror” this Site or any Content contained on the Site on any other server. Any unauthorized use of any Content contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Users shall not use this Site at any time for any purpose that is unlawful or prohibited and shall comply with any applicable local, state, national, or international laws or regulations when using this Site. In no event will EAM, or its affiliates or employees have any liability in connection with the use by any person of the information or data presented on this Site.

OTHER DISCLAIMERS AND LIMITATION OF LIABILITY

While EAM uses reasonable efforts to obtain information from reliable sources, EAM makes no representations or warranties as to the accuracy, reliability, completeness or currentness of any Content on this Site. Furthermore, this Site may contain references to certain laws and regulations, which may change over time. Opinions and any other Content on this Site are subject to change without notice.

This Site is operated by EAM on an “AS IS,” “AS AVAILABLE” basis, without representations or warranties of any kind. EAM 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, EAM does not represent or warrant that the Content on this Site is without error or defect or that this Site will operate without interruption or error. EAM makes reasonable efforts to avoid technological problems, but at any time this Site may have and may cause problems, such as viruses or other harmful components.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL EAM AND ITS AFFILIATES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY LOSS, LIABILITY OR OTHER DAMAGE, DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, OR THE INACCURACY OR INCOMPLETENESS IN, ERRORS OR OMISSION IN THE DELIVERY OF, THE CONTENT ON THIS 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 EAM 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 EAM 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.

The Content on this Site is meant to be reviewed in its 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 Content that you consult or download.

NO ENDORSEMENTS

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by EAM of the third party, its website or any of its policies, activities, products or services. EAM and its affiliates do not endorse or make any warranties or representations about any site you may access through this Site. Any links to other sites are provided for convenience only. If you access any third party web site through this Site or otherwise, you do so at your own risk.If this Site links to a third party site that references EAM, its affiliates or any investment product seeking to replicate a Product, please note that the link is provided for your convenience only, and should not be construed as investment, legal or tax advice. Prospective investors are urged to consult with their own advisers regarding any investment product seeking to replicate an EAM Product. The links do not constitute an offer to sell (nor the solicitation of an offer to buy) the securities of any investment product. Any such offer may only be made by the prospectus or similar offering document prepared by the issuer of any investment product, which contains important disclosures and risk factors.

MONITORING THIS SITE

EAM reserves the right to monitor and record activity on this Site at its sole discretion, and may report any activity that it suspects may violate any law or regulation as it deems appropriate.

LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A., excluding its conflicts of law principles.