Thank you for using NilssonHedge.com (the “Website”). This page contains the terms that apply to your use of the Website (the “Terms”). By using the Website, you are agreeing to be legally bound by the Terms. We may change the Terms from time to time without notice, so be sure to check this page regularly. If you do not agree to any Terms, you should not use the Website. When you create a login, you have created a binding contract between NilssonHedge and yourself.
These terms and conditions outline the rules and regulations for the use of NilssonHedge’s Website, located at http://www.NilssonHedge.com.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and all Agreements: “Client”, “You” and “Your” refers to you, the person who logs on this website and is compliant with the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, by and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Information about the hedge fund contained in the database is only accessible to certified high net worths, family offices, consultants, and institutional investors. Members of the public cannot access this information. We may grant students and academics access when used for research.
NilssonHedge access is only granted to entities with Qualified Investor status per Rule 501(a) of Regulation D of the U.S. Securities Act of 1933 or the equivalent in other jurisdictions. The NilssonHedge Databases and Website are designed to comply with the no-action letter issued by SEC regarding Lamp Technologies. To access the database you are required to comply with at least one of the below definitions (https://www.law.cornell.edu/cfr/text/17/230.501):
(a) Accredited investor. Accredited investor shall mean any person who comes within any of the following categories, or who the issuer reasonably believes comes within any of the following categories, at the time of the sale of the securities to that person:
(1) Any bank as defined in section 3(a)(2) of the Act, or any savings and loan association or other institution as defined in section 3(a)(5)(A) of the Act whether acting in its individual or fiduciary capacity; any broker or dealer registered pursuant to section 15 of the Securities Exchange Act of 1934; any investment adviser registered pursuant to section 203 of the Investment Advisers Act of 1940 or registered pursuant to the laws of a state; any investment adviser relying on the exemption from registering with the Commission under section 203(l) or (m) of the Investment Advisers Act of 1940; any insurance company as defined in section 2(a)(13) of the Act; any investment company registered under the Investment Company Act of 1940 or a business development company as defined in section 2(a)(48) of that act; any Small Business Investment Company licensed by the U.S. Small Business Administration under section 301(c) or (d) of the Small Business Investment Act of 1958; any Rural Business Investment Company as defined in section 384A of the Consolidated Farm and Rural Development Act; any plan established and maintained by a state, its political subdivisions, or any agency or instrumentality of a state or its political subdivisions, for the benefit of its employees, if such plan has total assets in excess of $5,000,000; any employee benefit plan within the meaning of the Employee Retirement Income Security Act of 1974 if the investment decision is made by a plan fiduciary, as defined in section 3(21) of such act, which is either a bank, savings and loan association, insurance company, or registered investment adviser, or if the employee benefit plan has total assets in excess of $5,000,000 or, if a self-directed plan, with investment decisions made solely by persons that are accredited investors;
(2) Any private business development company as defined in section 202(a)(22) of the Investment Advisers Act of 1940;
(3) Any organization described in section 501(c)(3) of the Internal Revenue Code, corporation, Massachusetts or similar business trust, partnership, or limited liability company, not formed for the specific purpose of acquiring the securities offered, with total assets in excess of $5,000,000;
(4) Any director, executive officer, or general partner of the issuer of the securities being offered or sold, or any director, executive officer, or general partner of a general partner of that issuer;
(5) Any natural person whose individual net worth, or joint net worth with that person’s spouse or spousal equivalent, exceeds $1,000,000;
(i) Except as provided in paragraph (a)(5)(ii) of this section, for purposes of calculating net worth under this paragraph (a)(5):
(A) The person’s primary residence shall not be included as an asset;
(B) Indebtedness that is secured by the person’s primary residence, up to the estimated fair market value of the primary residence at the time of the sale of securities, shall not be included as a liability (except if the amount of such indebtedness outstanding at the time of sale of securities exceeds the amount outstanding 60 days before such time, other than as a result of the acquisition of the primary residence, the amount of such excess shall be included as a liability); and
(C) Indebtedness that is secured by the person’s primary residence in excess of the estimated fair market value of the primary residence at the time of the sale of securities shall be included as a liability;
(ii) Paragraph (a)(5)(i) of this section will not apply to any calculation of a person’s net worth made in connection with a purchase of securities in accordance with a right to purchase such securities, provided that:
(A) Such right was held by the person on July 20, 2010;
(B) The person qualified as an accredited investor on the basis of net worth at the time the person acquired such right; and
(C) The person held securities of the same issuer, other than such right, on July 20, 2010.
Cooling off period
You agree to wait for 30-days after qualification to use this website to invest in any private funds listed in our database, that you were not already registered in, considered investing in, or if the fund management company was soliciting you or your firm.
Content, Information, and Data on the Website
NilssonHedge shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising as a function of you using this Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Some content, information, or data accessed on or through the Website may be inaccurate, incomplete, or unfit for a particular purpose. By using the website you are certifying that you are legally able to access the data in your country and in cases when it is required that you are a sophisticated/eligible/qualified purchaser/accredited investor you certify that you are one. If you cannot certify so, you may no longer use this website.
The Website displays links to other websites and content, information, and data obtained from other websites. You agree that we are not responsible or liable for any actions or inactions of other websites. You understand that we may use third-party vendors to provide the necessary hardware, software, networking, storage, and related technology to run the Website. You agree and acknowledge that we are not responsible in any manner whatsoever for any actions or inactions of such third parties.
Using the Website does not give you ownership or license of any intellectual property rights in the Website or in any content, information, or data accessed on or through the Website, including content, information, and data obtained from a third-party website. It is your responsibility to comply with any copyright laws that govern the content, information, or data accessed on or through the Website. Neither these Terms nor your use of the Website grants you any right to use any trademark or service mark accessed on or through the Website.
We will not share any of your personal information with any third party, except we may share personal information with another company if we merge with or are acquired by that company. We may send you announcements, messages, or other information, but you may choose to opt out of these communications. The Website collects some personal information from its users, which we may use to operate the Website, evaluate and enhance its performance of the Website, and study usage patterns. Third Parties may collect additional information about you. By using this site, you agree that any data collected by a third party is not the liability of NilssonHedge.
Limitation of Liability
You agree that we are not liable for any loss or damage of any kind resulting from the use, inability to use, performance, or nonperformance of the Website or any content, information, or data accessed on or through the Website. You further agree that we are not responsible or liable for lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.
You agree to indemnify and hold us and our directors, officers, shareholders, subsidiaries, affiliates, agents, and licensors harmless from and against any claims, causes of action, losses, expenses, damages, and costs, including attorneys’ fees, resulting from (1) your violation of the Terms, (2) your use of the Website or any content, information or data accessed on or through the Website and/or (3) your infringement or violation of any third-party’s rights, including intellectual property rights (4) Any investment decision taken on the data contained in our databases.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature. For chargeable services, the maximum liability is the subscription cost that the user has paid for the service over the most recent quarter.
The Terms constitute the entire agreement between you and us and supersede any prior agreements. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms and the relationship between you and us shall be governed by the laws of courts in the jurisdiction of the United States. We will have exclusive jurisdiction over any dispute. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall continue in full force and effect. In any event, such an invalid or unenforceable provision shall not affect the validity or enforceability of the remaining provisions. If you have any questions or concerns about the Terms or the Website, please do not hesitate to contact us by email at firstname.lastname@example.org.