Terms of Use for the Madeira Global Website

By accessing this website and any materials presented herein (the "Site"), you accept in their entirety and without modification the following terms and conditions pertaining to the use of the Site ("Terms of Use"). Madeira Global, LLC and its affiliates (collectively "Madeira Global") reserve the right to change these Terms of Use without notice at any time. Any such change to these Terms of Use shall be effective upon posting to the Site. Accordingly, we suggest that you periodically review these Terms of Use when accessing or using the Site. You acknowledge and agree that Madeira Global may temporarily or permanently restrict, suspend or terminate the Terms of Use or your access to, and use of, all or any part of the Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of these Terms of Use as determined in Madeira Global's sole and absolute discretion, and without prior notice or liability. Madeira Global will not be liable to you or any third party for any termination of your access to or use of the Site.

 

Each use of the Site constitutes your agreement to be bound by and comply with the then-current Terms of Use. If, at any time, you do not agree to be bound by or comply with these Terms of Use, then you should cease accessing or using this Site.

1. OWNERSHIP, LIMITED LICENSE TO USE THE SITE

Madeira Global owns and maintains this Site. All information contained in this Site is intended solely for the use of those persons who have been granted permission to use this Site and who have agreed to these Terms of Use. Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grants or will be construed to grant to you or any third party, by implication, estoppel or otherwise, any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of Madeira Global, any of its affiliates and/or any other entity described on the Site. No act of downloading or otherwise copying from this Site will transfer title to any software or material to any user hereof. Any data that you transmit to the Site becomes the property of Madeira Global and may be used by Madeira Global for any lawful purpose without restriction, subject to the Privacy Policy set forth in Section 5 below. Madeira Global reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to all material contained in the Site.

 

Madeira Global grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use. Except as described in the immediately preceding sentence, you may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site without prior express written permission from Madeira Global which may be withheld for any or no reason.

 

2. USAGE PARAMETERS

Prohibited Uses. In addition to the other limitations discussed in these Terms of Use, because all servers have limited capacity and are used by many people, you may not use the Site in any manner that could damage or overburden any Madeira Global server, or any network connected to any Madeira Global server. You may not use the Site in any manner that would interfere with any other party's use of the Site. You may not use, transfer, distribute or dispose of any information contained in the Site in any manner that could compete with the business of Madeira Global.

 

Means of Access. The Site is generally intended to be viewed by a conventional Web browser. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk. You are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data. You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access and use the Site. You may not use any data mining, robots or similar data gathering and extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of the Site or any data and content found on the Site, unless such devices or methods are expressly approved in advance by Madeira Global in writing.

 

Usage Monitoring. Madeira Global reserves the right, but does not have the obligation, to access, archive, or monitor any use of this Site, or your use of this Site and your communications to the Site. Any personal information collected during such monitoring will be used in accordance with Madeira Global's then-current privacy policy. By using the Site, you accept Madeira Global's right to access, archive, and/or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with these Terms of Use, compliance with applicable laws, rules or regulations or for any other reason. You agree that Madeira Global's monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Madeira Global monitors your Site usage and enforces, or fails to enforce, these Terms of Use. You further agree that in no event will Madeira Global be liable for any damages incurred by you as a result of Madeira Global's usage monitoring.

 
3. NO OFFER OF SECURITIES; NO ADVICE

This site and the information included herein are for general information purposes only. Under no circumstances should any material at the site be used or considered as an offer to sell or a solicitation of an offer to buy any security, future or other financial product or instrument, including any interest in any investment fund sponsored or managed by Madeira Global or any investment advisory services offered by Madeira Global. Any such offer or solicitation can and will be made only by means of the applicable confidential offering memorandum of each such investment fund or other applicable document, only in jurisdictions in which such an offer would be lawful and only to investors who meet the investor suitability and sophistication requirements of each such investment fund as determined from time to time by madeira global in its sole and absolute discretion.

 

Such requirements may include, among other things, qualifying as an "accredited investor" within the meaning of the U.S. Securities Act of 1933, as amended; a "qualified client" within the meaning of the U.S. Investment Advisers Act of 1940, as amended; a "qualified eligible person" within the meaning of the U.S. Commodity Exchange Act, as amended; and/or a "qualified purchaser" within the meaning of the rules promulgated under the U.S. Investment Company Act of 1940, as amended. Access to information about the investment funds managed by, or advisory services offered by, Madeira Global is similarly limited to investors who meet the applicable investor suitability, experience and sophistication requirements. You acknowledge that participation in investment funds is speculative in nature, involves a high degree of risk and is intended only for experienced and sophisticated investors.

 

This Site is also not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this Site should be construed as a recommendation, by Madeira Global or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.

 

4. NO RELIANCE

While Madeira Global uses reasonable efforts to update the information contained in the Site, Madeira Global makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Any content of the Site is subject to change without notice. As noted above, permission by Madeira Global to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice.

 

5. MATERIALS TO BE CONSULTED IN THEIR ENTIRETY

All materials at the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses and any copyright or proprietary notices, including those contained in these Terms of Use. Any disclaimers, restrictions, disclosures 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.

 

6. PRIVACY POLICY

In using portions of the Site, you may provide Madeira Global with personal information about you, your relatives and/or other persons affiliated with or designated by you. Personal information is any information that can be used to identify or contact a specific individual. Madeira Global may use personal information for its own internal purposes. Madeira Global will not transfer, sell or disclose such personal information to any other third party except any funds or advisers without the applicable person's prior consent, except (a) as may be required by law (including, without limitation, pursuant to a subpoena, search warrant or other court order, or the order of any regulatory body having jurisdiction over Madeira Global, its affiliates or funds managed by Madeira Global or its affiliates); (b) to protect the integrity of the Site and/or to protect the interests, rights, safety, or property of Madeira Global; (c) to enforce these Terms of Use; (d) to provide you with services or products requested by you and to perform activities related to such services and products, including billing and collection; (e) in connection with a merger, acquisition, divestiture, change of control or liquidation of Madeira Global or (f) to operate Madeira Global's systems properly. In general, Madeira Global's business practices limit access to personal information obtained through your use of the Site to those members of its personnel who need to know such information to conduct the operations of Madeira Global or funds managed by Madeira Global. Madeira Global maintains physical, electronic and procedural safeguards designed to protect such information from unauthorized access or use. Madeira Global will use personal information obtained through your use of the Site only in accordance with the privacy policy in effect at the time such information was provided. Madeira Global reserves the right to change this Privacy Policy at any time and to apply such changes retroactively.

 

By providing Madeira Global with data: (i) you acknowledge and agree that due to the international operations of Madeira Global, Madeira Global may provide personal information, in accordance with this Privacy Policy, to Madeira Global's affiliates that may be outside your resident jurisdiction, and that such data may be stored on servers located in other jurisdictions; and (ii) to the extent you are a resident of a country other than the United States, you consent to the transfer of such data to the United States as described in this Privacy Policy. If you do not consent to the terms of this Privacy Policy, please do not use the Site, and, if you have provided personal identifying data, please contact Madeira Global about how you would like Madeira Global to handle such data.

 
7. LINKS TO THIRD PARTY WEB SITES

Madeira Global has not reviewed any of the websites that may be linked to the Site, and is not responsible for the content of off-site pages or any other website linked or linking to this Site. Madeira Global is not responsible for the privacy practices of such other websites. Your linking to or use of any websites other than this Site is at your own risk. Madeira Global's inclusion of links to other websites does not imply any endorsement of any kind by Madeira Global of the material located on or linked to by such websites and should not be deemed as such by any user of the Site. Madeira Global disclaims any responsibility for the products or services offered or the information contained on any websites other than this Site.

 

8. NO OFFER OF EMPLOYMENT

The Site does not constitute an offer or promise of employment with respect to any employment position described on this Site. Without notice, Madeira Global may eliminate, modify or change any aspects of any employment position described on the Site. This Site does not provide binding employment offers or any terms or conditions of employment. Any employment offer that may ensue as a result of your submission of information to Madeira Global shall be solely in accordance with the specific terms of such employment offer, not the terms of the Site.

 

9. NO WARRANTY

Madeira Global and its officers, directors, members, principals, investors, agents and employees make no representations or warranties, express or implied, regarding this site and/or the accuracy, adequacy, reliability, timeliness, completeness, suitability or other characteristics of the information and materials contained on or presented through the site. This site and all such information and materials are provided "as is", without any warranty of any kind, and on an "as available" basis. Madeira Global, to the fullest extent permitted by law, hereby expressly disclaims all representations and warranties, express or implied, as to the site, any matter related to the site and such information and materials on the site, including all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and availability. Madeira Global expressly disclaims liability for errors and omissions in the site or the information and materials contained herein.

 

You acknowledge that you are aware that by using this Site you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards.

 

Madeira Global and its officers, directors, members, principals, investors, agents and employees further assume no responsibility for, and make no warranties that, information, services or functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses, worms, "trojan horses" or other harmful components. Madeira Global and its officers, directors, members, principals, investors, agents and employees shall not be liable for any damages of any type or kind to your computer, viruses that may infect your computer, or services repairs or corrections that must be performed on your computer or other property on account of your access or use of the site.

 

10. LIMITAION OF LIABILITY; INDEMNIFICATION

In no event shall Madeira Global or its officers, directors, members, principals, investors, clients, agents or employees be liable for any claims, liabilities, losses, costs or damages of any kind, including direct, indirect, punitive, exemplary, incidental, special or consequential damages, arising out of or in any way connected with (i) the use of or inability to access and/or use the site or with any delay in using the site, including but not limited to loss of revenue, trading, profits, anticipated profits, business, savings, goodwill, use, opportunity or data; (ii) any information and materials contained on or obtained through the site; or (iii) otherwise arising out of the access to and/or use of the site; in any case whether based on theories arising in contract, tort (including but not limited to negligence), strict liability or otherwise. The foregoing limitations apply even if Madeira Global or any of its officers, directors, members, principals, investors, clients, agents or employees have been advised of the possibility of damages or could have foreseen the damages. Further, none of Madeira Global or any of its officers, directors, members, principals, investors, clients, agents or employees will be responsible for any failure to comply, by you or any third party, with these terms of use or with applicable federal, state and/or local laws. Some jurisdictions limit the exclusion of damages or limitation of liability, so the above exclusions and limitations may not apply to you. If any part of the exclusions or damages or limitation of liability set forth above is unenforceable under applicable law, the aggregate liability of Madeira Global or its officers, directors, members, principals, investors, agents and employees will be limited to the maximum extent permitted by such law. 

 

These limitations of liability will apply regardless of: (i) any negligence or gross negligence of Madeira Global or any of its officers, directors, members, principals, investors, clients, agents or employees or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.

 

Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site.

 

You hereby agree, at your own expense, to indemnify, defend and hold Madeira Global and its officers, directors, members, principals, investors, agents and employees harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms of Use or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any such claim. Madeira Global reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Madeira Global.

 

11. GENERAL

These Terms of Use are governed by the internal laws of the State of New York, without reference to its conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in the Borough of Manhattan, New York City as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. You hereby appoint the Secretary of State of the State of New York as your agent for service of process in any such proceeding.

 

Any notice to Madeira Global shall be given in writing and sent by registered mail to Madeira Global LLC, 2025 Broadway, Suite 18E, New York, NY 10023.

 

If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

© 2018 by Madeira Global LLC

This website is not, and may not be relied on in any manner as, legal, tax, or investment advice or as an offer to sell or a solicitation of an offer to buy an interest in any security or other instrument. Links from this website to other third party websites are provided for convenience and informational purposes only and do not imply any endorsement by the third party of this website nor Madeira Global's endorsement of the third party website. Please read the Terms of Use and Privacy Policy governing the use of this website.