TERMS OF USE

By accessing this website and any materials presented herein (the “Site”) via any media or electronic device, including Internet and wireless devices, you (the “User” or “Users”) accept in their entirety and without modification the following terms, conditions and disclosures pertaining to the use of the Site (the “Terms of Use”). Pavadi Capital LLC and its affiliates (collectively, “Pavadi”) reserve the right to change these Terms of Use at any time without prior notice.

 

Important Disclosures

This Site has been designed for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security or interests in any investment vehicle that may or may not be referenced on the Site. Any such offer can only be made pursuant to the offering documents of any such investment vehicle and in accordance with applicable law. The information provided through this Site is for personal, non-commercial use and display. Pavadi does not intend to provide investment advice through this Site and does not represent that any securities or investment vehicles discussed on the Site are suitable for any investor or User. Investors and Users are advised not to rely on any information contained in this Site in the process of making a fully informed investment decision. Pavadi does not, and this Site does not intend to, render tax or legal advice. Pavadi does not give any advice or make any representations as to whether any investment, investment strategy or investment style is suitable for any investor or User or will be profitable.

 

This Site has been published in the United States for residents of the United States only. This Site is not intended for use by, or to provide any information to, investors outside of the United States, and such investors and Users should not rely on any information or material appearing on the Site. Pavadi reserves the right to require proof of residence from any User accessing the Site and requesting information from Pavadi via e-mail. Investors and Users outside of the United States may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Site. U.S. investors and Users should be advised that not all investments discussed on this Site may be available in all states.

 

Pavadi grants Users a limited right to use the Site. At any time and for any reason Pavadi may revoke Users’ right to use all or any portion of the Site. Users may not violate or attempt to violate the security of the Site.

 

News, views, opinions, recommendations and other information obtained from sources outside of Pavadi are believed to be reliable, but Pavadi cannot guarantee the accuracy or completeness of such information. Further, Pavadi reserves the right to change or amend the information provided at any time and without prior notice.

 

There is no assurance that any securities discussed herein are, or will remain, in a Pavadi-managed portfolio. Any such securities do not represent an entire fund or portfolio and it should not be assumed that they were or will be profitable, or that the investment recommendations or decisions Pavadi makes in the future will be profitable or will equal the investment performance of such securities.

 

All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses and any copyright or proprietary notices, including those contained in these Terms of Use. 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.

 

No Warranty

Pavadi disclaims all warranties with respect to the site that the law allows it to disclaim. The Site is provided “as is” and “as available.” Pavadi disclaims all representations and warranties, express or implied, of any kind with respect to the site including warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property and proprietary rights. Without limiting Pavadi’s general disclaimer, Pavadi does not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of the Site or any part of the content, including with regard to financial results, based on the use of the information in or other uses of the Site. The use of the Site is at Users’ own risk.

 

Users are solely responsible for the security of Users’ computer system, including, using and maintaining appropriate anti-virus, firewall and backup software. Pavadi disclaims any responsibility or liability for any problem with Users’ computer systems, including any Virus (as defined below) that Users’ computer systems receive as a result of Users use of the Site. As used herein, “Virus” means: (i) program code or programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise adversely affect or without authorization access or delete computer programs, data files or operations; or (ii) other code typically described as a virus or by similar terms, including a Trojan horse, worm or backdoor.

 

Limitation of Liability; Indemnification

Pavadi’s liability with respect to the Site is limited to the maximum extent permitted by law. In no event will Pavadi, Pavadi’s affiliates or Pavadi’s affiliates’ members, directors, officers, employees, contractors, agents, advisers or consultants be liable for any indirect, incidental, special, punitive, or consequential damages, however caused, arising out of these Terms of Use, the Site, or the inability to use the Site. Pavadi’s liability is limited even if Pavadi has been advised of the possibility of the damages that Users suffer or if any remedy Users have is inadequate. This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

 

Users agree to indemnify, defend and hold harmless Pavadi and its affiliate, agents, employees and third-party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: Users’ use of the Site; Users’ breach of these Terms of Use or any representation, warranty or covenant made by Users in these Terms of Use; Users violation of any applicable law, statute, ordinance, regulation or of any third-party’s rights; or any claims asserted by third-parties which, if proven, would place Users in breach of representations, warranties, covenants or other provisions contained in these Terms of Use.

 

Links to Third-Party Websites

Linked sites, “Hypertext links,” and/or “hyperlinks,” to or from other Internet sites may be included at times as a convenience to the Users. Pavadi is not responsible for information on any third-party website that is referred in, accessible, or connected by hyperlink to, the Site. If Users access any third-party website through the Site or otherwise, Users do so at their own risk. Hyperlinks to or from the Site do not constitute, and should not be viewed to reflect, a third-party endorsement of, sponsorship by, or affiliation with Pavadi.

 

Unlawful or Prohibited Use and Monitoring

As a condition use of this Site, Users warrant to Pavadi that Users will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. Users will be responsible for any liability to Pavadi that arises out of breach of these Terms of Use by the User or use of the Site by the User.

 

Pavadi has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate. Pavadi may monitor and record activity on the Site for any reason or for no reason. Pavadi may investigate any complaint or reported violation of its policies. Pavadi may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials, or other persons or entities that it deems appropriate. Pavadi may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site, or take any other action that it deems appropriate.

 

Copyrights and Trademarks

The Site is owned by Pavadi and the contents and structure of the Site are copyright protected. No information or data content contained on this Site, including any text (whether in full or in part), pictures or graphics, may be reproduced, transmitted, displayed, distributed, published or otherwise commercially exploited without the prior written consent of Pavadi. Users may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.

 

Users agree not to link directly to any image, graphic, text or other content on the Site, such as using an “in-line” linking method to cause the content to be displayed on another website, or to download or use images hosted on this Site for any purpose, including posting such images on another website, unless in each case Users have received the prior written consent of Pavadi. Pavadi may require that any link to the Site be discontinued, and/or revoke Users right and ability to link to the Site from any website at any time.

 

Electronic Communication

This Site permits Users to communicate electronically by sending an e-mail message to Pavadi and its employees. Pavadi shall not be liable for any actions taken or any omissions to act as a result of any e-mail message Users send to Pavadi or its employees.

 

General

Any dispute regarding these Terms of Use shall be governed by the laws of the State of New York, United States. Users hereby consent to the exclusive jurisdiction and venue of the courts in New York, New York, in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph.