1. Use of Information and Materials; Restrictions. This Site and all information, material and content (collectively, “Information”) contained on this Site is intended only for financially sophisticated investors and is for their private use. The Information may be changed at any time without notice by updating this Site. Komen furnishes the Information without responsibility for accuracy, and you agree to accept the Information on the condition that errors or omissions shall not be a basis for any claims, demands or causes of action against Komen.
The investment funds described on this Site have not been registered under the federal securities laws of the United States, the securities laws of any state or the laws of any other jurisdiction. Komen is not registered as an investment adviser under the Investor Adviser Act of 1940. The information and materials contained in this Site do not constitute any recommendation or solicitation to purchase or sell any security or make any other type of investment. Past performance is not necessarily indicative of future returns. Your eligibility for particular products or services is subject to the final determination of Komen.

None of the information and materials contained in this Site constitute legal, tax or accounting advice or advice regarding the suitability of any investment. Potential investors are encouraged to seek independent advice, including legal, tax, regulatory and accounting advice as necessary, prior to making any investment decision.

2. Restricted Access Certain areas of this Site have restricted access protection and available only to persons expressly authorized by Komen. These portions of the Site contain confidential, non-public information and are intended solely for those persons that have been specifically authorized to view the information and materials contained therein. In consideration of having read, answering and affirming disclosures, each user acknowledges that it has read and understands these Terms of Use and the Privacy Policy and agrees to be bound hereby. Any subsequent use of restricted areas of the Site shall be deemed to constitute full acceptance by a user of these Terms of Use and Privacy Policy. Each user acknowledges and that it is strictly prohibited from sharing or disclosing any information gather from restricted area with third parties.

3. Ownership of Content; Trademarks The Information and other content contained on this Site may not be reproduced, distributed, published or otherwise used without Komen’s express prior written consent. Copyright in the Site, including the “look and feel” of the Site, is owned by Komen unless otherwise indicated. The Site may only be used for the personal use of visitors to the Site and they may not be placed in the public domain.

Komen’s logo is a service mark of Komen. Such mark may not be used or displayed without the prior written consent of Komen. All other trademarks, service marks and company names and logos appearing on the Site are the property of their respective owners.

4. Disclaimer of Warranties You expressly acknowledge and agree that:

(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KOMEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, COURSE OF TRADE OR ANY OF THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION.

(b) KOMEN DOES NOT WARRANT OR REPRESENT THAT (i) THE INFORMATION CONTAINED ON THIS SITE WILL BE ACCURATE, TIMELY, SUITABLE OR COMPLETE, (ii) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (iii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY INFORMATION, SERVICES OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, (vi) THE INFORMATION CONTAINED ON THIS SITE AND THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM; OR (vii) ANY ERRORS IN THE SITE WILL BE CORRECTED. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT KOMEN OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THIS SITE OR ANY OF THE SERVICES AVAILABLE ON THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

5. Limitation of Liability Neither Komen nor any of its officers, agents, partners or employees shall be liable to you or anyone else under any circumstances and under any theory of law (strict liability or otherwise) for any damages whatsoever resulting from access or use of or inability to access or use this Site or the Information, or any action or decision made in reliance on the Site or the Information, regardless of whether they are direct, indirect, incidental, special or consequential damages of any character, including damages for trading losses or lost profits (collectively, “Damages”), or for any claim or demand by any third party, irrespective of whether Komen knew or had reason to know of the possibility of such Damages, claims or demands. Neither Komen nor any of its officers, agents, partners or employees shall be liable under any circumstances and under any theory of law (strict liability or otherwise) for any Damages resulting from any information or services obtained or messages received or transactions entered into through the Site or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to, damages for loss of profits, use, data or other intangible, irrespective of whether Komen knew or had reason to know of the possibility of such Damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this site.

6. Applicable Law; Injunctive Relief This Terms of Use and Privacy Policy will be governed by and construed in accordance with the laws of the State of Georgia, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of this Site will be filed only in the state or federal courts located in Fulton County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby acknowledge and agree that Komen may be harmed irreparably by any violation of these Terms of Use and Privacy Policy and that Komen shall be entitled to injunctive relief to enforce these Terms of Use and Privacy Policy. You hereby agree to waive any requirement for the securing or posting of any bond in connection with such remedy.

7. Third Party Content This Site may contain information of third parties relating to private investment funds and other investments, in addition to links to websites operated by third parties (collectively, “Third Party Content”). The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any security or make any other type of investment decision. You acknowledge that (a) any Third Party Content referenced in this Site is obtained from sources believed to be reliable and no guarantees are made by Komen as to whether such content is complete, accurate or current, and (b) no endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Third Party Content. You agree not to hold Komen liable for any investment decision or other transaction based on reliance or use of any Third Party Content or any liability that may arise due to delays or interruptions in the delivery of any Third Party Content. By using this Site, you acknowledge and agree that Komen is not responsible for and has no control over the privacy policies of any websites operated by any third party. We encourage you to review the privacy policies of any sites operated by third parties prior to providing them with any information. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR USE, AND WARRANTY OF NON-INFRINGEMENT), REGARDING THIRD PARTY CONTENT. Third Party Content is the property of the respective provider or its licensor and is protected by applicable copyright law. Reproduction, dissemination, retransmission, sale, distribution, publication, broadcasting, circulation or commercial exploitation of Third Party Content in any manner without the explicit prior written consent of the provider of Third Party Content is prohibited.

8. Electronic Mail and Other Communications Any unprotected electronic mail communication and other means of communication (e.g., communication via cellular telephone or postal mail) are not confidential, subject to interception or loss, and are subject to possible alteration. You agree that Komen shall not be responsible for and will not be liable to you or anyone else for damages incurred in connection with usage of such communications, including electronic mail sent to you by Komen.

9. Investment Risks; Investment Related Disclosures. The investment vehicles which are described on the Site (the “Programs”) are unregistered private investment partnerships or funds and are not subject to the same regulatory requirements as mutual funds, including requirements to provide liquidity and certain periodic and standardized pricing and valuation information to investors. There are substantial risks in investing in the Programs. Persons interested in investing in a Program should carefully note the following:

• There can be no assurance that such Programs will achieve its investment objective (including targeted returns), and there exists a distinct possibility that an investor could suffer a substantial or total loss as a result of an investment in such Program.
• Programs offering documents are not reviewed or approved by the National Futures Association, Securities and Exchange Commission or any other federal or state regulators.
• Such Programs may be leveraged (including highly leveraged) and their performance may be volatile.
• Such Programs and its managers or advisors may rely on the expertise and experience of third-party managers or advisors, the identity of which may not be disclosed to investors. • Such Program's fees and expenses may be substantial regardless of any positive returns and will offset such Program’s trading profits.
• Such Programs and its managers/advisors may be subject to various conflicts of interest in the management of the Program.

THE ABOVE GENERAL SUMMARY IS NOT A COMPLETE LIST OF THE RISKS ASSOCIATED WITH INVESTMENTS IN THE PROGRAMS AND IS QUALIFIED IN ITS ENTIRETY BY THE INFORMATION CONTAINED IN EACH PROGRAM’S CONFIDENTIAL DISCLOSURE DOCUMENTS. IN ADDITION TO THE RISKS DESCRIBED ABOVE, AN INVESTMENT IN A PROGRAM IS ALSO SUBJECT TO INVESTMENT, ORGANIZATIONAL AND OPERATIONAL RISKS AND CONSIDERATIONS THAT ARE DESCRIBED IN EACH PROGRAM'S CONFIDENTIAL DISCLOSURE DOCUMENTS, WHICH SHOULD BE REVIEWED CAREFULLY BY PROSPECTIVE INVESTORS AND THEIR LEGAL, TAX AND FINANCIAL ADVISORS IN LIGHT OF AN INVESTOR'S INVESTMENT OBJECTIVES, RISK TOLERANCE, FINANCIAL CIRCUMSTANCES AND TAX SITUATION PRIOR TO ANY INVESTMENT IN A PROGRAM. THIS IS NOT AN OFFER TO INVEST IN A PROGRAM; ANY OFFERS WILL BE MADE ONLY BY MEANS OF EACH PROGRAM'S CONFIDENTIAL DISCLOSURE DOCUMENTS. The information on the Site is intended for informational, educational and research purposes only. Nothing on this Site is intended to be, nor should it be construed or used as, financial, legal, tax or investment advice, or a representation as to the appropriateness or suitability of an investment in the Programs. The information contained on this Site is as of the date(s) indicated and is not a complete description of any Program.

10. Usage of the Site. If you choose to access this Site from outside of the United States, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws. The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Komen reserves the right to terminate, without prior notice, any person's access to this Site in its sole discretion.

11. Additional Terms. Certain portions of this Site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Nothing contained herein shall supersede, alter or nullify the terms of any other agreements an investor has made or will make with Komen.

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