Terms of Use

  1. By accessing this Website (the "Site"), you agree with Yulish & Associates ("we" or "us") to be bound by these Terms of Use. We may change these Terms of Use at any time. Changes will take effect when we post the revised Terms of Use on this Site.
  2. Information on this Site is confidential, securely maintained and password protected. It is intended for use only by investment funds (a "Fund") administered by us, and by Fund investors or their duly authorized representatives ("Authorized Users"). You must receive a user name and password from us to use the Site. Our issuance of a user name and password to you will not imply that we agree you are an Authorized User.
  3. You are solely responsible for all Site activities that occur through your user name and password. You agree not to access the Site through anyone else's user name and password, and not to disclose to anyone the user name or password of any Authorized User, including yourself.
  4. We may at any time suspend or revoke your access to the Site, or modify or cease operating any part or all of this Site, without notice, for any reason or no reason.
  5. Fund information on this Site is provided solely for the non-commercial use of Authorized Users. It may not be reproduced, re-created or released to third parties except as permitted by the Fund's governing documents.
  6. You acknowledge that current technology does not ensure error-free access to the Site. Service interruptions may occur. It is also possible that the Site will not operate in combination with your computer hardware, software, networks, systems or other data.
  7. Fund Managers and their agents are authorized to upload Fund information directly to this Site. This may occur at times without our knowledge. Yulish & Associates is authorized to rely in good faith, without any duty to verify or investigate, any information uploaded directly to the Site by a fund manager. Whether Fund information has been directly uploaded or we have posted it ourselves, you should not assume that we have verified or investigated the information. We must ultimately rely on representations from Fund Managers and their custodians and agents that Fund information appearing on this Site is accurate and complete. For these reasons, we cannot and do not guarantee that any Fund information we present to you will be accurate, complete, up-to-date or reliable, or that it will be useful to you or anyone else. Even if all Fund information on this Site is accurate, complete, up-to-date and reliable, it is provided only as a guide to Authorized Users and is not intended to supersede or modify the detailed information stated in the Fund's governing documents.
  8. Even though we can give no guarantees, we try to provide accurate and up-to-date information on this Site. For this reason, we may at any time change, supplement or remove Site information without notice. We cannot guarantee that any such changes will cause the Site information to be accurate and complete.
  9. You warrant that you have the legal right and authority to agree to these Terms of Use and to perform your obligations under them. If you are acting for an entity, you warrant that you have the legal right and authority to bind the entity to these Terms of Use. You agree that all information you provide to us will be accurate and not misleading.
  10. You warrant that you have read and understand our "Privacy Policy" posted on the Site, and that you agree to it, including the provisions allowing us to change it.
  11. You will hold harmless and defend us and our employees, officers, directors, affiliates and agents ("Indemnified Parties") from all losses, liabilities, damages, fees, expenses or costs resulting from any claim or allegation against an Indemnified Party arising from use of the Site under your user name and password, from the unavailability of the Site to you for any reason, or from your breach of these Terms of Use. We will notify you of any such claim or allegation. We may participate in the defense of any such claim at our expense.
  12. THE SITE AND ITS INFORMATION ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
  13. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE OR PROFITS), WHETHER BASED ON STATUTE, REGULATION, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF USE (OR UNAVAILABILITY FOR ANY REASON) OF THE SITE OR ITS INFORMATION UNDER YOUR USER NAME AND PASSWORD, EVEN IF WE HAVE BEEN ADVISED OR CAN FORESEE THAT SUCH DAMAGES ARE POSSIBLE.
  14. All notices by you to us under these Terms of Use must be written and delivered to us by courier, fax, or certified or registered mail (postage prepaid and return receipt requested). Your notice will be effective when we receive it or three business days after it is deposited in the mail, whichever occurs sooner. You may also give us notice by email, but any such notice will be effective only if it specifically refers to these Terms of Use and only if and when we have expressly acknowledged our receipt of the notice in a responsive email to you. If we are required to give you a notice, we may deliver it to you in any manner permitted above in this paragraph. We instead may post a general notice on the Site, which will be effective 48 hours after posting to the Site (or sooner, if another provision of these Terms of Use specifies a shorter waiting period or no waiting period).
  15. These Terms of Use state our complete agreement regarding use of the Site under your user name and password. They supersede any other oral or written agreement, understanding or statement concerning this subject matter. There are no third party beneficiaries under these Terms of Use. These Terms of Use will be governed by California law, without regard to its conflicts of law principles. Any action to enforce or interpret these Terms of Use must be brought in a state or federal court in San Francisco, California. You and we irrevocably consent to the jurisdiction and venue of any such court. If we waive your breach of any provision of these Terms of Use, that waiver will not prevent us from enforcing that provision, or any other provision, in the future. If any provision of these Terms of Use is held to be unenforceable, the remaining provisions will not be affected, and these Terms of Use will be interpreted to accomplish their objectives to the greatest extent possible. You may not assign your rights or obligations under these Terms of Use to anyone without our prior written consent.