ACCEPTANCE OF THE TERMS OF USE
You are about to access the website of Kettle Hill Capital Management, LLC ("Kettle Hill" or "We"). Please read the following information before proceeding. This site provides some information regarding the laws and regulations applicable to this website. When you have read the information set out below, please click "I AGREE" to acknowledge that you have read the information and accept the terms and conditions set out therein.
By clicking "I AGREE" at the bottom of these terms, you agree, without limitation or qualification, to the following terms of use and legal information pertaining to both this website and any material on this website. Please read these terms carefully before using this website. These terms are a binding contract between you and Kettle Hill.
We suggest that you check these terms periodically for changes. The terms can be accessed from the link at the bottom of our website pages. This website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. If you use this website after we post amendments to these terms, you accept the amended terms.
If you do not agree to these terms, do not click "I AGREE" and do not use this website.
All materials on this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. 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.
If you have entered into an agreement with Kettle Hill, your client relationship with Kettle Hill is governed by such agreement in addition to the terms of this website. In the event of any conflict between the terms on this website and your agreement with Kettle Hill, the agreement shall govern and control.
DISCLAIMERS
This website is for informational purposes only, and is not directed to any person in any jurisdiction where this publication or availability is prohibited. The information on this website does not constitute an offer, recommendation, or solicitation for any products or services. Further, this does not constitute any offer of any fund, investment scheme, or pooled investment. Access to and the information contained in this website is restricted to persons who are residents of jurisdictions in which the distribution or use of the information herein is permitted. Please consult your professional advisers if you have any questions about a particular investment, its suitability, or are unsure of the laws and regulations applicable to you or your institution.
Interests in any fund managed by Kettle Hill are offered only to qualified investors by means of the relevant fund’s confidential offering documents, and only in jurisdictions where such offers are permitted. Nothing on this website constitutes an offer to sell, or a solicitation of an offer to buy, any security or interest in any fund. The funds are not registered under the U.S. Securities Act of 1933 or the U.S. Investment Company Act of 1940.
To the extent that this website contains any information regarding the past performance of the Funds, such information is not a reliable indicator of future performance and should not be relied upon as a basis for an investment decision. To the extent that this website contains any information regarding simulated past performance, such information is not a reliable indicator of future performance and should not be relied on as the basis for an investment decision.
The value of investments and the income from them can go down as well as up and investors may not get back the amount originally invested and may lose all of their investment. The value of investments in the Funds may be affected by the price of underlying investments. Exchange rate changes may cause the value of overseas investments to rise or fall.
There are significant risks associated with an investment in any of the Funds. Investment in the Funds is intended only for those investors who can accept the risks associated with such an investment (including the risk of a complete loss of investment) and you should ensure that you have fully understood such risks before taking any decision to invest.
Investments in the Funds are neither insured nor guaranteed by any investor compensation scheme and are not deposits or obligations of, or guaranteed by, Kettle Hill.
These terms do not represent a complete statement of the risk factors associated with an investment in the Funds. The offering documents for each Fund contain risk warnings which are specific to the relevant Fund. You should consider these risk warnings carefully and take appropriate investment advice before taking any decision to invest.
While Kettle Hill seeks to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors for which we apologize. The information provided on this website, including information and materials contained in the text, graphics, software, links and other items are provided "as is"; "as available" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Kettle Hill disclaims all warranties of any kind, implied, express or statutory, including, but not limited to, implied warranties of merchantability, warranties of fitness for a particular purpose and warranties of non-infringement. Kettle Hill does not warrant, either expressly or impliedly, the accuracy, adequacy, completeness, reliability, timeliness or availability of the information, text, graphics, links or other items contained on this website, and expressly disclaims liability for errors or omissions in the website. The contents of this website are subject to change without notice. Further, Kettle Hill assumes no responsibility for, and makes no warranties that, functions contained at this website will be uninterrupted or 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. Please note that some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.
The information provided on this website is provided for informational purposes only. This website is not intended to provide any tax, legal, insurance or investment advice, and nothing on this website should be construed as a recommendation by us or any third party to acquire or dispose of any investment or security or to engage in any investment strategy or transaction. No information contained on this website constitutes an offer, or a solicitation to buy, any security or an offer to provide any specific investment management or advisory services. Nothing on this website shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, purchase or sale would be unlawful under the laws of such jurisdiction.
LIABILITY AND INDEMNITY
Kettle Hill expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on the website. Kettle Hill will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this website. Neither Kettle Hill, nor any of its affiliates, members, officers or employees, nor any third party vendor retained by Kettle Hill will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this website, or resulting from the act or omission of any other party involved in making this website or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Kettle Hill or of any vendor providing software or support services for this website. In no event will Kettle Hill, its affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind, even if Kettle Hill or any other party has been advised of the possibility thereof.
Decisions based on information contained on this website are the sole responsibility of the visitor, and in exchange for using this website, the visitor agrees to hold Kettle Hill harmless against any claims for damages arising from any decisions that the visitor makes based on such information. The visitor also agrees to hold Kettle Hill harmless for any claims for damages that arise from the visitor's improper access to or use of this website, or any violation of the terms of use of this website. In no event will Kettle Hill be liable for any damages, or for repairs or corrections that must be performed, to or on your computer, person or other property, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the website or use thereof or the inability by any party to use such website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Kettle Hill, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
YOUR USE OF THIS WEBSITE
You must not use this website (or permit or procure others to use it) as follows:
- for any unlawful, improper or illegal purpose or activity;
- to communicate or receive information that is obscene, indecent, pornographic, sadistic, cruel, or racist in content, of a sexually explicit or graphic nature, which promotes or incites discrimination, hatred or racism or which might be legally actionable for any reason;
- in a manner intended to threaten, harass, or intimidate;
- to violate Kettle Hill's or any third party's copyright, trademark, proprietary or other intellectual property rights;
- to damage Kettle Hill's name or reputation or that of Kettle Hill's affiliated companies or any third parties;
- to impersonate any of Kettle Hill's employees or other person or use a false name while using this website or implying an association with Kettle Hill;
- to penetrate Kettle Hill's security measures or other entities' systems ("hacking");
- to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for others using this website;
- to generate excessive amounts of internet traffic, to interfere with Kettle Hill's network or other's use of this website or to engage in activities designed to, or having the effect of, degrading or denying service to other users of this website or others;
- to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into this website or any other entity's systems and it is your responsibility to ensure that whatever you download or select for your use from this website is free from such items;
- to post or transmit information that is defamatory, fraudulent or deceptive including, but not limited to, scams such as "make-money-fast" schemes or "pyramid/chain" letters; and/or
- to transmit confidential or proprietary information, except solely at your own risk.
WEBSITE SECURITY AND RESTRICTIONS ON USE
As a condition to your use of this website, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any other user of this website; (iii) probe, scan, or test the vulnerability of this website or Kettle Hill's network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host, or network or otherwise attempt to disrupt our business; or (v) send unsolicited mail, including promotions and/or advertising of products and services. Unauthorized use of the website, including but not limited to unauthorized entry into Kettle Hill's systems or misuse of any information posted to a web site, is strictly prohibited.
RESTRICTIONS ON USE OF MATERIALS
This website is owned and operated by Kettle Hill. Permission is granted to display and navigate around this website solely for personal, non-commercial use. Any commercial or public use of this website or any portion hereof is strictly prohibited. Except as otherwise permitted in writing by Kettle Hill, no text, graphics, video, audio, software code, user interface design, logos or any other content of this website may be used, modified, framed, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this website for non-commercial, personal use only if you preserve and retain all copyright and other proprietary notices contained on the materials.
Kettle Hill neither warrants nor represents that your use of materials displayed on this website or links will not infringe rights of the third parties not owned by or affiliated with Kettle Hill.
SUBMISSIONS
Any communications or material you transmit to this website by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary and will become the property of Kettle Hill or its affiliates. Such communications or material shall be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Kettle Hill is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this website for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
TRADEMARKS AND COPYRIGHTS
Kettle Hill owns and operates this website. All trademarks, service marks, trade names, and logos displayed on this website are proprietary to Kettle Hill or its affiliates. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Kettle Hill or such third party that may own the trademarks displayed on this website. Your use of the trademarks displayed on this website, except as provided herein, is strictly prohibited.
Images, screens, information, related software and other proprietary property displayed on this website are either the property of, or used with permission by, Kettle Hill. The use of these images, screens, information, related software and other proprietary property by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you download any information or software from this website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this website.
APPLICABLE LAW AND VENUE
This website (excluding linked websites) is controlled by Kettle Hill from its offices within the State of New York, United States of America. By accessing this website, both you and Kettle Hill agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this website. If you take legal action relating to these terms, you agree to file such action only in applicable state or federal court in New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any such action.
AMENDMENT
Kettle Hill may delete or make changes to these terms and to the information contained on this website at any time. You will be required to accept any such changes in order to continue to use the website. If you do not accept such revised terms, you may no longer be able to access this website.
INTEGRATION AND SEVERABILITY
If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions. The preceding terms of use represent the entire agreement between Kettle Hill and the user relating to the subject matter herein.
In order to access the website, please confirm that you have read and understood the following terms of use of this website, and agree to these terms:
