Admission to this web site is conditioned on your acceptance of and agreement to the User Agreement below. Please read the User Agreement and indicate your acceptance or rejection of it. If you reject the User Agreement, you will not be permitted into this web site.
The Information provided by Levensohn is for information purposes only and should not be used or construed as investment, legal or tax advice to you, or as an offer to sell, solicitation of an offer to buy or any endorsement, recommendation or sponsorship of any company or security by Levensohn. Your use of this web site or any request for information regarding this web site does not constitute the formation of an investment advisory relationship, or any other client relationship, between you and Levensohn. Levensohn does not guarantee the suitability or potential value of any particular investment or information source. Levensohn may invest in or otherwise hold an interest in companies or securities discussed on this web site. No Information should be interpreted to state or imply that past results are an indication of future performance.
It should not be assumed that recommendations made in the future will be profitable or will equal the performance of the securities discussed in this web site.
2. NO SECURITIES OFFERING
The funds advised by Levensohn are not offered through this web site. An offer to purchase the securities of such a fund may only be made after you receive the Confidential Offering Circular or Private Offering Memorandum of that fund and have the opportunity to discuss all matters concerning your prospective investment in that fund. This web site does not provide all information material to an investor’s decision to invest in any of these funds, including, but not limited to, risk factors.
3. MODIFICATION OF TERMS AND MONITORING OF WEB SITE
Levensohn reserves the right, in its sole discretion, to change, modify, add or remove portions of this Agreement at any time without notice to you. You should check this Agreement periodically for changes. The Agreement can be accessed from the link at the bottom of Levensohn’s web site home page. If you use this web site after Levensohn posts changes to this Agreement, you accept the changed terms. Levensohn expressly reserves the right to monitor any and all use of this web site.
4. LIMITS ON USE
The Information is the exclusive property of Levensohn and is protected by applicable copyright and trademark law and other proprietary rights. Unauthorized use of the Information is prohibited. You agree not to copy, reproduce, download, retransmit, disseminate, sell, rent, sublicense, distribute, publish, perform, broadcast, display, circulate or commercially exploit the Information in any manner, or alter, store for subsequent use, decompile, disassemble, reverse engineer, or otherwise use the Information as a whole or in part without the express written consent of Levensohn. Any rights not expressly granted herein are reserved by Levensohn. You may not link other web sites to this web site without the express written permission of Levensohn. You may download one temporary copy of the Information into one single computer’s memory solely for your own personal non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices shall be kept intact.
5. DISCLAIMERS OF WARRANTIES AND LIABILITY
Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness and timeliness of the Information and the results obtained from its use, or correct sequencing of the Information is not guaranteed by Levensohn or any persons creating or transmitting the Information. News stories reflect only the author’s opinion and not that of Levensohn.
Your use of the information is at your sole risk. all information is provided “as is” without warranties, express or implied, or representations of any kind whatsoever. In particular but without limitation, there shall be no warranties of merchantability, fitness for a particular use, or non-infringement.
To the fullest extent permissible under applicable law, Levensohn and/or other persons creating or transmitting the information will in no event be liable to you or anyone else for any direct, indirect, consequential, incidental, special or punitive damages that arise out of your use of or access to the information (including but not limited to lost profits, loss of opportunity, trading losses and damages that may result from inaccuracy, incompleteness, inconvenience, delay, or loss of the use of the information), even if Levensohn or other persons creating or transmitting the information shall have been advised of the possibility of such damages. To the fullest extent permitted by law, Levensohn or other persons creating or transmitting the information shall have no responsibility or liability to you or anyone else under any tort, contract, negligence, strict liability, products liability or other theory with respect to any subject matter of this agreement or terms and conditions related thereto.
This site has links to other (third-party) internet sites that Levensohn may not have screened or reviewed and that may contain inaccurate, inappropriate or offensive material, products or services. A link to a third-party web site does not constitute an endorsement by Levensohn of the linked web site. Levensohn assumes no responsibility or liability for the accuracy, reliability, legality or decency of such site or the content, products or services contained or offered therein. Levensohn and any person creating or transmitting the Information shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of the Information. If you are dissatisfied with the Information, products or services offered at this site or with the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue use of and access to this site and the Information.
6. SUBMISSIONS TO THIS SITE
Any information, ideas, suggestions, communications or the like sent to Levensohn through this web site are and will be treated as non-confidential and non-proprietary. You acknowledge and agree that Levensohn is entitled to use, reproduce, disclose, publish, post, broadcast and/or otherwise distribute or use any information submitted or posted by you for any purpose and in any medium whatsoever, now known or hereafter developed, without restriction, compensation or attribution to the person sending or posting the submission. You represent and warrant the accuracy and originality of any submission communicated by you to Levensohn and agree to indemnify and hold Levensohn harmless from any cost, claim, damage, loss or expense incurred or suffered by Levensohn arising out of or relating to its inaccuracy, inappropriateness or illegality.
7. TERMINATION AND CANCELLATION
Levensohn reserves the right to modify or terminate this site or to terminate your access to this site, without notice at any time.
All trade names, trademarks, service marks and other product and service names and logos displayed herein are the proprietary marks and names of their respective owners, are protected by applicable copyright and trademark laws and may not be used by you without express authorization. This web site is not owned, sponsored, approved by or otherwise affiliated with any other entity named herein.
9. JURISDICTIONAL ISSUES AND APPLICABLE LAW
Unless otherwise specified, Levensohn controls and operates this site from its offices within the State of California, United States of America.
Levensohn does not claim that materials in this site are appropriate or available for use in locations other than California. If you choose to access this site from such other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
Software from this site is further subject to United States export controls. Software from this site may not be downloaded or otherwise exported or reexported outside the United States. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.
The laws of the State of California govern these terms. If you take legal action relating to these terms, you agree to file such action only in the Superior Court of the State of California in the City and County of San Francisco, or the United States District Court for the Northern District of California, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any action relating to these terms or the web site.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. You may not assign or delegate the rights and the obligations, respectively, arising under this Agreement without Levensohn’s consent and any attempted assignment or delegation without such consent shall be void and without effect.
No right or power of either party shall be deemed to have been waived by any act or conduct on the part of that party, or by any neglect to exercise such right or power, or by any delay in so doing; and every right and power of that party shall continue in full force and effect until such right or power is specifically waived by an instrument in writing executed by that party. No waiver of any right or power on any one occasion shall be deemed to be a waiver of any other right or power on that occasion or of any right or power on any subsequent occasion. All remedies of either party against the other party are cumulative.
This Agreement constitutes the entire agreement between the parties with respect to this web site and supersedes all prior or contemporaneous negotiations, correspondence, understandings and agreements, whether electronic, oral or written, between the parties with respect to this web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.