Please read the following carefully before using this website.
Access to this website and any information contained in this website or to which access is provided via this website (collectively, the “Site") is subject in all respects to the terms and conditions of use set forth below (the “Terms and Conditions"). The Site is owned and maintained by Elanus Capital Management, LLC and/or one or more of its affiliates (“Elanus"), and Elanus reserves all proprietary and subsidiary rights to the Site. By allowing temporary access to, and use of, the Site, subject to the Terms and Conditions, Elanus does not thereby grant or create any license or other or broader proprietary rights in the user.
The use of the term “we" and its correlatives (“us" and “our") hereinafter refers to Elanus, and the use of the term “you" and its correlative (“your") refers to each user of the Site.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, THEN YOU DO NOT HAVE OUR CONSENT OR PERMISSION FOR ACCESS TO THE SITE OR TO USE THE SITE FOR ANY PURPOSE WHATSOVER.
By using the Site, you acknowledge that you have read the Terms and Conditions and you agree to be bound by them without limitation or qualification. If you do not agree to the Terms and Conditions, you should exit the Site immediately.
We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms and Conditions at any time. Your access to, or use of, the Site after we have posted changes to the Terms and Conditions constitutes your agreement to be bound by the changed Terms and Conditons.
NOTHING CONTAINED IN THE SITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE OR A SOLICITATION OR OFFER BY US OR ANY FUND OR OTHER ENTITY MANAGED OR ADVISED DIRECTLY OR INDIRECTLY BY US, TO BUY OR SELL ANY SECURITIES. ANY SUCH SOLICITATION OR OFFER CAN BE MADE OR ACCEPTED ONLY IN DEFINITIVE OFFERING AND/OR SUBSCRIPTION DOCUMENTS, IDENTIFIED AS SUCH (“OFFERING DOCUMENTS’). ANY INVESTMENT DECISIONS YOU MAY MAKE BASED ON THE SITE ARE SOLELY AND ENTIRELY YOUR RESPONSIBILITY.
AS CONSIDERATION FOR ACCESS TO, AND USE OF, THE SITE, YOU AGREE TO HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.
THE MATERIALS IN THE SITE ARE PROVIDED “AS IS" AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM (A) ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (B) ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS, AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE SITE; AND (C) ANY AND ALL LIABILITY IN ANY RESPECT WHATSOEVER FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE INFORMATION AND MATERIALS IN OR ACCESSIBLE THROUGH THE SITE .
Restrictions on Use of Materials
Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by us. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without our prior written permission. Modification or use of the information or materials for any other purpose will violate our copyright and/or intellectual property rights.
Certain information provided through this Site has been filed with the Securities and Exchange Commission ("SEC") (such materials being referred to as "SEC Materials"). The SEC Materials and other public disclosures contained in or accessible through this Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are subject to numerous assumptions, risks and uncertainties, all of which will or may change over time or may be incorrect, and we do not assume any duty to update or correct any forward- looking statements contained in or accessible through the Site. Risk factors to which such forward looking statements may be subject will be disclosed and discussed in related Offering Documents. Actual results could differ materially from those anticipated in these forward-looking statements and future results could differ materially from historic performance.
The information provided in or accessible through 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 law or regulation or which would subject us to any registration or other requirement within such jurisdiction or country.
Transmissions to and from the Site
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.elanuscapital.com domain name or made via the Site may not be secure. Communications to us, particularly those containing confidential information, should be sent by mail to: Elanus Capital Management, LLC, 180 Varick Street, Suite 416, New York, NY 10014.
Links to Other Web Sites and Services
Any links from or to other websites are provided merely for the convenience of the users of the Site, and we do not monitor any such websites and are not responsible for them or their content. The
inclusion of these links does not imply an endorsement, representation or warranty by us with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. Your following links from or to such websites is at your sole risk. Accordingly, we cannot be held responsible for any information, materials, products or services obtained on or from such other websites, nor for any damages arising from your access to such websites. We reserve the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to the Site.
Governing Law and Consent to Jurisdiction
THE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
If any provision of the Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Elanus Capital Management ("Elanus") recognizes that personal privacy is very important to clients and visitors who access this Website. Elanus has adopted the following policy to further its commitment to privacy:
2. You may visit the Elanus Capital Website without revealing personal information about yourself. We may, however, provide means for you to tell us about yourself, should you choose to do so. If you do so, it will help us offer you relevant information and service. Also, as we further develop our site, telling us about yourself will also allow you to register for and obtain access to specific areas of the site. If you would rather not provide this information, you may still access the public areas of this Website.
3. We expect to provide clients with secure access to pertinent information about their investments through the site with user names and passwords assigned by Elanus.
4. Elanus does not disclose personally identifiable information to third-party marketing organizations. Other than as described in paragraph 5, Elanus will not disclose personally identifiable information about clients to organizations not affiliated with Elanus unless you have been notified in advance and have not objected to such disclosure; you have authorized such disclosure; or Elanus is required to do so by law, or by the request of a government agency with regulatory authority.
5. In the limited circumstances under which Elanus may provide personally identifiable information to a nonaffiliated third party, including those companies used to service the Website, audit Elanus’ financial statement, or those necessary to the operation of its business, Elanus expects that the nonaffiliated third party will adhere to policies that provide for keeping such information confidential.
6. Elanus strives to respond to requests to correct inaccurate information in a timely manner. If you have concerns or questions about the accuracy of your information in our possession, please send an e-mail message to firstname.lastname@example.org.
7. Elanus will endeavor to maintain personally identifiable information in accordance with internal policies and procedures governing use and disclosure of confidential information. Those policies and procedures are designed to help prevent unauthorized access to confidential information about Elanus’ clients that is maintained on the Web server.
8. Elanus may revise these terms at any time. If these terms are changed, a notice will be posted on our home page. Please read any such notice. Your continued use of this site after such notice is posted will constitute your acceptance of the new terms and their application to your use of the Elanus Website and the information disclosed for such use, including information previously furnished to Elanus, as if they were the initial terms.