TERMS AND CONDITIONS
By accessing, viewing or using the content of the Three Zero Three Capital Partners, LLC website and any materials presented herein, (the “Website”) you indicate that you understand and intend these Terms of Use to be the legal equivalent of a written, signed and legally binding agreement and that you accept in their entirety and without modification, the following terms and conditions pertaining to the use of this Website. The Website and the data, information, products, materials, services, commentary, opinions expressed and other content available on or through the Website (collectively, the “Content”) is provided by Three Zero Three Capital Partners, LLC (“Three Zero Three”) for information, educational and research purposes only and Three Zero Three reserves the right to change the terms, conditions and notices under which this Website is offered without notice at any time. Each use of the Website constitutes your agreement to be bound by the then-current terms and conditions set forth in the then-current Terms of Use.
If you meet the requirements for registering on the Website, including being an “Accredited Investor” (as that term is defined under Regulation D promulgated under the Securities Act of 1933) and a “Qualified Purchaser” (as that term is defined under Section 2(a)(51) of the Investment Company Act of 1940), you may become a “Registered User” of the Website. Registered Users must agree to these Terms of Use before accessing and using the Content on the Website which are available to Registered Users.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE.
1. Limited License to Use the Website
Except as specifically permitted below, nothing contained in these Terms of Use, the Website itself or any Content thereon will either grant or will be construed to grant to you or any third party any title, right or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained on the Website, including without limitation the name or logo of Three Zero Three or any of its affiliates or any other Content on the Website. Any data that you transmit to the Website (including without limitation personally-identifiable information) becomes the property of Three Zero Three and may be used by Three Zero Three for any lawful purpose without restriction, subject to Three Zero Three’s Privacy Policy. Three Zero Three reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained on the Website.
In order to access, view and use the Website, Three Zero Three grants you a limited, nonexclusive, nontransferable license to display and otherwise use portions of the Website conditioned on your continued compliance with these Terms of Use. Three Zero Three grants the rights of use described herein solely for your own private, non-commercial informational purposes only and to print pages from the Website only in connection with that use. You may not 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 Website.
The information provided on this Website is not intended for distribution to, or use by, any person or entity or any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Three Zero Three to any registration requirement within in such jurisdiction or country. Anyone accessing this Website should be aware that any rules/regulations applicable to the provision of financial services (and any investor protection benefits that become available as result of such rules/regulations) may not be applicable to interfacing conducted through the internet medium and its various applications.
2. No Offer of Securities
Under no circumstances should any Content on the Website be used or considered as an offer to sell or a solicitation of an offer to buy any interest in any privately held pooled investment vehicle managed by Three Zero Three (each a “Fund” and collectively referred to herein as “Funds”). The information on this Website is not intended to be used as the primary basis of investment decisions. This Website does not provide specific investment advice to any individual viewing the Content on this Website and does not represent that the investments described on this Website are suitable for any specific investor. Any such offer or solicitation can and will be made only by means of the Confidential Private Placement Memorandum of each Fund, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements to invest in a Fund. 303 Alternatives, LLC is a FINRA regulated broker-dealer. Funds marketed by 303 Alternatives, LLC involve a high degree of risk including the risk of principal and are not suitable for all investors. Past performance of funds marketed by 303 Alternatives is no guarantee of their future returns.
3. Password-Protected Areas
Portions of the Website are password-protected and are accessible only to Registered Users who have been issued passwords by an authorized representative of Three Zero Three. Passwords are issued only to current Fund investors or to prospective investors who are eligible to receive a Confidential Private Placement Memorandum for the particular Fund(s). Password-protected portions of the Website may contain performance information for the Funds. Users of the Website acknowledge that past performance is not indicative of future results.
4. Privacy Policy
In using portions of the Website, you may be asked to provide Three Zero Three with personal information about you. Personal information is any information that can be used to identify or contact a specific individual or company. All Personal Information collected in the course of your using the Website including your qualification as a Registered User of the Website and any individual logging or click-stream data gathered in the course of navigating the Website, is strictly for Website-related purposes and will be kept at all times as required by law and/or in accordance with the Three Zero Three Privacy Policy, or these Terms of Use. You acknowledge that you have read Three Zero Three’s Privacy Policy posted on the Website.
The registration process requires Registered Users to give Three Zero Three contact information, unique identifiers, financial information and demographic information. This information is used to qualify you as a Registered User, to send Registered Users relevant information and to comply with applicable law. Three Zero Three may capture and record information on its server logs from your browser when you interact and use the Website including your IP address, cookie information and the page(s) you request regarding your IP address generally for use in administering the Website, customizing the content you see, fulfilling your requests for certain services and information, and contacting you.
5. Confidentiality of Internet
Use of the Internet is solely at your own risk and is subject to all applicable federal, state, local, and international laws and regulations. While Three Zero Three has endeavored to create a secure and reliable Website, be advised that the confidentiality of any communication or material transmitted to/from the Website over the Internet cannot be guaranteed.
Accordingly, Three Zero Three is not responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Website and must make your own determination as to these matters.
6. Security of Website
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. For your protection, Three Zero Three reserves the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible criminal activity on the Website. Three Zero Three will also comply with all lawful court orders and governmental, regulatory and law enforcement requests involving such information.
7. No Reliance
While Three Zero Three uses reasonable efforts to update the information contained on the Website, Three Zero Three makes no representations or warranties as to the accuracy, reliability or completeness of any information on the Website. Any Content on the Website is subject to change without notice.
8. Materials to be Consulted in its Entirety
All materials on the Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures and any copyright or proprietary notices. All disclaimers, restrictions or disclosures 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.
9. No Warranty
THREE ZERO THREE, ITS PRINCIPALS, OFFICERS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OR OTHER CHARACTERISTICS OF THE CONTENT CONTAINED ON OR PRESENTED THROUGH THE WEBSITE. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THREE ZERO THREE MAKES NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING REGARDING THE ACCURACY, TIMELINESS, VALIDITY OR COMPLETENESS OF THE INFORMATION, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OR THAT THE CONTENT WILL REMAIN UNINTERRUPTED. WHILE THREE ZERO THREE MAKES NO COMMITMENT TO UPDATE THE CONTENT, THREE ZERO THREE RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THREE ZERO THREE RESERVES THE RIGHT TO MAKE UNAVAILABLE AT ANY TIME THIS WEBSITE OR THE CONTENT. THIS WEBSITE AND ITS CONTENT ARE THE PROPERTY OF THREE ZERO THREE AND/OR ITS VENDORS AND IS PROTECTED BY COPYRIGHT, TRADE SECRET AND OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
THREE ZERO THREE ASSUMES NO RESPONSIBILITY AND MAKES NO WARRANTIES, THAT THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THREE ZERO THREE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USE OF THE WEBSITE. NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. AS STATED, THE CONTENT OF THE WEBSITE IS INTENDED FOR INFORMATIONAL, EDUCATIONAL AND RESEARCH PURPOSES ONLY. ACCORDINGLY, THREE ZERO THREE DOES NOT RECOMMEND, SOLICIT OR OFFER ANY INVESTMENT THROUGH THE WEBSITE AND THREE ZERO THREE SHALL NOT BE LIABLE FOR ANY INVESTMENT DECISIONS, ADVICE, LOSS OF PROFITS, COSTS OR ANY OTHER INDIRECT DAMAGES RELATING TO THE SUITABILITY, ADEQUACY, VALIDITY, ACCURACY, TIMELINESS, DELAY, COMPLETENESS OR USE OF ANY INFORMATION ON THE WEBSITE.
WITH RESPECT TO THE PERFORMANCE DATA PRESENTED ON THE WEBSITE, YOU SHOULD NOTE THAT PAST PERFORMANCE IS NOT AN INDICATION, AND IS NOT A GUARANTEE, OF FUTURE PERFORMANCE. UNAUTHORIZED USE OF ANY MATERIAL CONTAINED ON THE WEBSITE MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, TRADE SECRET LAWS, THE LAWS OF PRIVACY, AND OTHER REGULATIONS AND STATUTES.
10. Limitation of Liability
IN NO EVENT SHALL THREE ZERO THREE, ITS PRINCIPALS, OFFICERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR WITH ANY DELAY IN USING THE WEBSITE, OR (II) ANY CONTENT OBTAINED THROUGH THE WEBSITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF THREE ZERO THREE, ITS PRINCIPALS, OFFICERS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
11. Indemnity
You agree that your breach of these Terms of Use may result in irreparable harm to Three Zero Three which cannot be compensated by money damages and that Three Zero Three shall be entitled to obtain injunctive relief for any such breach. You agree to defend, indemnify, and hold harmless Three Zero Three from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Website, any arrangements you make based on the information available on the Website and any breach by you of these Terms of Use or other improper act or omission.
12. Events Beyond 303’s Control
You expressly absolve and release 303 from any claim of harm resulting from a cause beyond the control of Three Zero Three, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist attacks, acts of God or governmental restrictions.
13. General
These Terms of Use are governed by the laws of the State of Illinois, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in Cook County, Illinois, U.S.A., as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Website. You hereby appoint the Secretary of State of the State of Illinois as your agent for service of process in any such proceeding. Any notice to Three Zero Three shall be given in writing and sent by registered mail to Three Zero Three Capital Partners, LLC, 233 S. Wacker Drive, Suite 8625, Chicago, IL 60606.
14. Terms and Termination
These Terms of Use take effect at the time you access the Website, thereby indicating acceptance of these Terms of Use and at each use thereafter, you shall be deemed to have reaffirmed your acceptance of these Terms of Use. Three Zero Three reserves the right at any time in its sole discretion to deny you or any Registered User access to the Website or any portion thereof and to terminate these Terms of Use. Termination will be effective without notice.
15. Miscellaneous
Failure to insist on strict performance of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Three Zero Three of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use, and, if possible, the then invalid or unenforceable provision will be deemed superseded and replaced by a valid, enforceable provision that most clearly matches the intent of the original provision. Any rights not expressly granted herein are reserved.
The Terms of Use and other terms and conditions and similar provisions that may be applicable to you regarding the Website (all of which are hereby incorporated as if set forth fully herein), represent the entire agreement between Three Zero Three and you with respect to use of and Content available on or through the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between Three Zero Three and you with respect to the Website. If you become a Registered User, in addition to the above, you will also be subject to the terms and conditions of these Terms of Use.
An investment in a Fund is speculative, not suitable for all investors and is intended for experienced and sophisticated investors who are willing and able to bear the high financial risks of the investment, which can include:
- Loss of all or a substantial portion of the investment;
- Lack of liquidity;
- Volatility of returns;
- Restrictions on transferring Investment Partnership interests;
- Potential for a lack of diversification;
- Higher risk due to concentration of trading authority with a single trading advisor;
- Absence of information regarding valuations and pricing;
- Complex tax structures and delays in tax reporting; and
- Less regulation and higher fees than mutual funds.
The foregoing does not purport to be a complete enumeration or explanation of the risks involved in investing in a Fund. The Fund’s offering materials describe the risks and conflicts of interest relating to an investment in a Fund. Each prospective investor is urged to read those documents carefully to determine whether a Fund investment is suitable for such prospective investor in light of, among other things, such prospective investor’s financial condition.