GREENWICH ONLINE DATABASE

TERMS OF USE

 

Welcome to GreenwichOnline, operated by Greenwich Alternative Investments, LLC (“GAI”, "Webmaster"). GreenwichOnline, a self-reporting password-protected interface, allows participating managers (“Participating Managers”) to track and update information published about their funds.

We encourage all managers who report to the GAI database to permit accredited investors to access their information through the Greenwich Commercial Database. The Greenwich Commercial Database provides accredited investors with access to hedge fund and alternative investment data, research, statistics, search features, and hedge-fund index information, subject to the terms of this Agreement.

By registering for and utilizing GreenwichOnline, you agree to use GreenwichOnline in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Upon notice published through Greenwichai.com, GAI may modify this Agreement at any time. Rules for online conduct through GreenwichOnline services:

You agree that all information entered into GreenwichOnline is accurate to the best of your knowledge and belief.

You agree that you will not post any of the following material on message boards, emails, or through other media, including, but not limited to:

  • Material which defames, abuses or threatens others.
  • Statements that are bigoted, hateful or racially offensive.
  • Material that advocates illegal activity or discusses illegal activities with the intent to commit them.
  • Unauthorized copyright material.
  • Material that contains vulgar, obscene or indecent language or images.
  • Any activity that may be deemed a violation of securities laws or any material that webmaster deems inappropriate.

 

Statements or postings which violate the above terms will be deleted from postings upon discovery. Depending on the nature of the violation, Webmaster, at its sole discretion, may terminate your access to GreenwichOnline.
 

Removal of Fund Information: An alternative investment vehicle’s listing and information may be removed from the Website at any time at Webmaster’s sole discretion. Webmaster is under no obligation to provide explanation for such removal.


Copyrighted Materials: Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to message boards or emails on GreenwichOnline. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings:

 Copyrighted material may not be placed on GreenwichOnline without the express permission of the author or owner of the copyright on the material. Participating Manager acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is permitted, and only for use, by Participating Manager, who may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material for other purposes. The burden of determining that any information, software or any other content on GreenwichOnline is not protected by copyright rests with Participating Manager, who acknowledges that GreenwichOnline and/or third-party content providers remain the sole owners of the posted materials, and, as such, maintain full ownership rights in connection with downloading copyrighted materials.

Limitation Of Liability And Warranty
Greenwich Alternative Investments, LLC, its subsidiaries and affiliates and parties' corresponding officers, directors, shareholders, members, employees, affiliates, suppliers DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. PARTICIPATING MANAGER SPECIFICALLY ACKNOWLEDGES THAT WEBMASTER PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER PARTICIPATING MANAGERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH PARTICIPATING MANAGER. NEITHER WEBMASTER NOR ANY OF ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. PARTICIPATING MANAGER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH GREENWICHONLINE.
 

Notice: Webmaster may give general notice in connection with GreenwichOnline to Participating Managers by means of electronic mail, fax, or written communication. Participating Manager may give notice to Webmaster through the same media. Indemnification: Participating Manager agrees to indemnify Webmaster against, and hold Webmaster harmless from, any and all loss, claims, damages, liability and expenses, including reasonable attorney's fees and court costs, related to Participating Manager’s violation of this Terms of Use. If Participating Manager is a representative of an alternative investment vehicle and uses the Website to post information on such vehicle, then such vehicle, its general partners, managing members, investment managers and sponsors, jointly and severally agree to indemnify the Webmaster against, and hold harmless from, any and all loss, claims, damages, liabilities and expenses, including reasonable attorney's fees and court costs, related to a violation of the provisions of this Terms of Use by the fund parties. 

Choice Of Law: This Agreement shall be construed and controlled by the laws of the State of New York. Any dispute arising from the terms of this agreement, or breach thereof, will be governed by the laws of the State of New York. Registered User agrees to personal jurisdiction by the state and federal courts sitting in the State of New York.

Merger Clause: This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Webmaster representatives and Participating Manager. Webmaster may amend or modify this Agreement or impose new conditions at any time upon notice from Webmaster as published through the Website. Any use of the Website by Participating Manager after such notice shall be deemed to constitute acceptance by Participating Manager of such amendments, modifications or new conditions.

Webmaster Notice: Participating Manager will neither directly nor indirectly reuse any Website material for redistribution through publication, broadcast, or other media. No information available through GreenwichOnline may be stored on a computer for purpose other than personal and non-commercial use. Participating Manager does not hold Webmaster liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damage arising from any of the foregoing.