Please read the following Terms and Conditions of Use before using the Locust Wood Capital Advisers, LLC (Locust Wood Capital) website or any data, products, materials, information or services contained on this website. Should you not agree with any of the Terms or Conditions of Use contained herein, then do not use this website and exit immediately. By using this site, you acknowledge that you have read these Terms and Conditions of Use and you agree to be bound by them without limitation or qualification.
Modifications; Monitoring by Locust Wood Capital
Locust Wood Capital reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms and Conditions of Use at any time. Therefore, we suggest that you review these terms periodically for changes. By using this website after we have posted changes to these Terms and Conditions of Use, you are agreeing to be bound by these terms as amended. Your use of the data, products, materials, information, and services contained on this website may be monitored by Locust Wood Capital. As a result of your use of this website, Locust Wood Capital may retain and use any information gathered from your use of the same for its internal business purposes or in accordance with applicable regulatory requirements.
Disclaimer of Warranty; Forward-Looking Statements
Locust Wood Capital makes no representation, warranty, express or implied, of any kind concerning the data, products, materials information and services contained on this website. The data, products, materials, information, and services provided by us and our third-party providers are available; basis at your sole risk. Locust Wood Capital expressly disclaims any warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, and any warranty for the use, or the results of the use, of the data, products, materials, information, and services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability. Neither Locust Wood Capital nor any of its third-party providers shall have any responsibility to (i) maintain the data, products, information, materials and/or services that are made available on this website, or (ii) supply any corrections, updates, or releases in connection therewith. Availability of data, products, information, materials and/or services is subject to change without notice. Some documents may also contain certain forward-looking statements and projections. Such statements and projections are subject to a number of assumptions, risks, and uncertainties which may cause actual results, performance or achievements to be materially different from future results, performance or achievements expressed or implied by these forward-looking statements and projections. Prospective investors are cautioned not to invest based on these forward-looking statements and projections.
Limitation of Liability
Neither Locust Wood Capital nor any third party vendor will be liable, whether contingent or otherwise, to you or to third parties, or have any responsibility of any kind, for any loss or damage that you may incur in connection with, the failure, interruption or disruption of any connection, communication or access to the Locust Wood Capital Website, or for any erroneous communication between Locust Wood Capital and you. Locust Wood Capital shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data, products, information, material and/or services available on the Locust Wood Capital Website. In no event will Locust Wood Capital be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages or loss which may arise from, or directly or indirectly relate to, (even if Locust Wood Capital has been advised of the possibility of such damages or loss) (i) your use of the data, products, information, material and/or services made available on Locust Wood Capital Website, (ii) any other matter relating to this website, (iii) your downloading of any information, software or other materials through the Locust Wood Capital Website, or (iv) any claim or cause of action arising out of, or relating to, breach of contract, breach of warranty, tort, negligence, strict liability, product liability or any other legal theory.
Locust Wood Capital will have no responsibility to inform you of any difficulties experienced by Locust Wood Capital or third parties with respect to the use of the data, products, information, material and/or services or to take any action in connection therewith. System Outages, Slowdowns, Capacity Limitations/Delays in Order Routing, Executions, Trade Reports Electronic Communications (E-Mail) As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, at times, you may experience difficulty accessing the Locust Wood Capital Website or communicating with Locust Wood Capital through the Internet or other electronic and/or wireless service. Any computer system or other electronic devices, whether, it is yours, an Internet service providers; or Locust Wood Capitals; can experience unanticipated outages or slowdowns, or have capacity limitations. You should be aware that electronic messages sent through the Internet are neither confidential nor secure and may be viewed by third parties, lost, intercepted or altered. For your protection, you should avoid sending certain personally identifying information via e-mail. Such information, includes, but is not limited to, account information, Social Security numbers or other confidential information. It is recommended that you communicate with Locust Wood Capital by using a secure channel if such channel is provided by Locust Wood Capital. Unless explicitly stated otherwise, Locust Wood Capital does not accept any orders or instructions sent by e-mail or any other electronic messaging system. Locust Wood Capital reserves the right to monitor electronic communications (subject to and in accordance with local laws).
No Solicitation or Recommendations; No Suitability Determination; Non-Disclosure of Risks; and Private Advisors Should be Consulted
The data, material, and information contained on the Locust Wood Capital Website have been prepared for informational purposes only without regard to any particular user’s investment objectives, financial situation, or means. Any of the data, information or material contained on the Locust Wood Capital Website should not be used as the primary basis for any investment decisions by you or on your behalf. When making a decision about your investments, you should seek the advice of a professional financial advisor, and if necessary, your attorney, and tax and accounting advisors concerning any contemplated transaction. The fact that Locust Wood Capital has made the data, products, information, materials, and services available to you on this website constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described herein is suitable or appropriate for you. No information contained on this website constitutes an offer, or a recommendation to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. Certain transactions, including those involving foreign securities and short sales, give rise to substantial risk and are not suitable for all investors.
Many of the products described on the Locust Wood Capital Website involve significant risks, and any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or a complete discussion of the risks which are mentioned. You should not enter into any transaction unless you fully understand all such risks and have independently determined that such transactions are appropriate for you. Nothing contained on this website constitutes professional, business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice. Without limiting the foregoing, the information contained on this website is not, and should not be construed to be, an offer to sell, or a solicitation of an offer to buy, interests in any fund managed by Locust Wood Capital (a “Fund”). An offering of interests in a Fund will be made only to certain sophisticated investors in those jurisdictions where permitted by law and only by means of confidential private offering memoranda. Please refer to such memoranda for more thorough descriptions of such Fund and a discussion of the substantial risks involved in making an investment therein.
The Locust Wood Capital Website and all information contained herein are not directed at or intended for distribution to, or use by, any person or entity in any jurisdiction or country where the distribution or use of such information is contrary to the laws or regulation of such jurisdiction, or such distribution or use would subject Locust Wood Capital to any registration requirement within such jurisdiction or country within such jurisdiction or country. You represent that you are not a person domiciled in, or with a registered office in, any member state of the European Economic Area (“EEA”), or if you are such a person, that Locust Wood has not contacted, marketed or made an offer to you and that you directly approached Locust Wood.
Links to other Websites
The Locust Wood Capital Website may contain third party content or links to third party websites. The content and links to such websites are provided solely for your convenience and information and do not constitute endorsement or sponsorship by Locust Wood Capital of the material contained on such sites. Should you leave the Locust Wood Capital Website via a link contained herein, and view content that is not provided by Locust Wood Capital, you do so at your own risk. Locust Wood Capital has not reviewed any of these third-party websites, has no control over, does not assume any responsibility for, and does not make any warranties or representations as to, such content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness. Locust Wood Capital shall have no liability for third party content or websites linking to or frame the Locust Wood Capital Website. In addition, you agree not to link any of your websites or any third-party website to this site without Locust Wood Capital’s prior written consent. Locust Wood Capital reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to this website.
Locust Wood Capital, or the applicable third party owner, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations, and extensions of such patents) patent applications, trademarks, trademark registrations servicemarks, trademark registration applications, trade names, all other names, and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other rights, in all information and content (including all text, data, graphics, and logos) on the Locust Wood Capital Website. Individual pages and/or sections on the Locust Wood Capital Website may be printed for personal or internal use only, provided that such printouts retain all applicable copyright or other proprietary notices.
Without the prior written consent of Locust Wood Capital, you are strictly prohibited from modifying, copying, transmitting, distributing, displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any another way for commercial or public purposes, in whole or in part, any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the Locust Wood Capital Website. Systematic retrieval of content from the Locust Wood Capital Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Locust Wood Capital Website without written permission from Locust Wood Capital is strictly prohibited. Severability To the extent that any one or more of the provision of these Terms and Conditions of Use are held to be invalid, illegal, unlawful or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Moreover, if any one or more of the provisions contained in these Terms and Conditions of Use are held to be excessively broad as to duration, activity or subject, such provision will be construed by limiting or reducing it so as to be enforceable to the maximum extent compatible with applicable law.
Conflict with Additional Terms
Certain web pages on the Locust Wood Capital Website may contain additional terms, conditions, disclosures and/or disclaimers (hereinafter collectively referred to as the Additional Terms;). In the event of a conflict between these Terms and Conditions of Use and the Additional Terms, the Additional Terms will govern for those specific web pages.
In connection with your use of or access to this website, we from time to time may provide you with usernames, passwords and/or other unique identifiers (“User Codes”). The User Codes are for your personal use only. You are responsible for the security and confidentiality of your User Codes and agree not to disclose them to any third party, including any other employee in your organization (if applicable). You are responsible for all information provided and any acts or omissions that occur while your User Codes are being used. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of your User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of your User Codes, or if you believe the confidentiality or security of any or all of your User Codes has been compromised in any way, or in the event of your learning about a possible or actual unauthorized access to and/or use of this website. We reserve the right to revoke or modify your User Codes at any time without prior notice.
This site (excluding linked sites) is controlled by Locust Wood Capital from its offices in the State of New York, United States of America. By accessing this site, both you and Locust Wood Capital agree that the laws of the State of New York, without regard to the conflicts of law principles thereof, will apply to all matters relating to the use of this website. You and Locust Wood Capital also agree and hereby submit to the exclusive personal jurisdiction and venue of the New York State and U.S. Federal Courts sitting in New York County, New York, the USA with respect to all such matters.