TERMS OF USE

Please read the following terms and conditions ("Terms of Use") before using the Ibex Investors LLC (the "Firm") website (the "Website"). Your access to and use of the Website is subject to these Terms of Use and all applicable laws and regulations. The Terms of Use constitute a legal agreement between you and the Firm. The Website is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to persons under age 18. By accessing and using the Website, you accept, without qualification, these Terms of Use. If you do not approve and accept these Terms of Use without qualification, you should exit the Website immediately.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

The Website is for your personal and non-commercial use. The Firm grants you a non-exclusive, non-transferable and limited personal license to access and use the Website, conditioned on your continued compliance with these Terms of Use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Website. You may not link other websites to the Website without the Firm's prior written permission. You may not allow others to use your user name or password to access or use any part of the Website. If your password has been compromised for any reason, you should contact the Firm immediately for a new password. If you provide your password to any third party, you will be solely responsible for any actions taken by such third party using your password. All information on the non-public (i.e., password-protected) areas of the Website is confidential and private and you may not disclose or distribute such information to any other person for any purpose and is made available solely for your personal use in connection with your investment activities.

You are prohibited from using the Website to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission of the Firm. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures that we may use to prevent or restrict access to the Website. Any rights not expressly granted herein are reserved.

NO SECURITIES OFFERING OR INVESTMENT ADVICE

The information on the Website is intended to enable investors to understand the nature of the Firm's services. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The information in the Website should not be construed as the Firm's endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information found on the Website, and the Firm urges you to make sure that you understand these risks before relying on, using or retrieving any information on the Website. You should evaluate the information made available through the Website, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information.  By accessing the password-protected area of the Website, you represent that you qualify as an “accredited investor” under Regulation D promulgated under the Securities Act of 1933 and agree to immediately contact the Firm if there is any change in your status as an “accredited investor”.

You acknowledge that any of your requests for information are unsolicited and any information shall neither constitute nor be construed as investment advice from the Firm to you or to form an investment advisory relationship, or any other client relationship between you and the Firm or any of its affiliates or employees. The Firm strongly recommends that you seek outside advice from a qualified securities professional. The Firm does not guarantee the suitability or potential value of any particular investment or information source. The Firm may invest or otherwise hold an interest in companies or securities that may be discussed on the Website.

If you are an investor domiciled or having a registered office in a member state of the European Economic Area that has implemented the Alternative Investment Fund Managers Directive (Directive 2011/61/EU) in a manner that imposes disclosure, reporting or other obligations on the Firm or its affiliates, you or any other person or entity you represent initiated the discussion, correspondence or other communications with the Firm or its affiliates or agents, which resulted in your requesting access to the Website and the information regarding any funds sponsored or managed by the Firm; and none of the Firm or its affiliates or agents at any time directly or indirectly contacted you with respect to the provision of investment services or investment in any investment fund sponsored or managed by the Firm or its affiliates prior to such unsolicited initiation of discussions, correspondence or other communication. 

CONSENT TO ELECTRONIC DELIVERY

Users hereby consent to the electronic receipt by email or through this Website for communications, including financial reports, statements and regulatory notices, if any, that may be required to be provided to such user by virtue of establishing a relationship with the Firm or one or more of its affiliates.

CONFIDENTIALITY

Users acknowledge that as users of the Website, they may come in possession of information that the Firm considers confidential.  Such confidential information can be described as and includes technical and business information relating to the Firm’s proprietary ideas or investment strategies; existing and/or contemplated products and services; marketing materials; offering materials; financial statements and investor information; and the identity of or nature of any relationships with investors and/or third party service providers, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.

To ensure the protection of such information and in consideration of the agreement to allow limited access to such information on the terms specified herein, Website users agree to use the Confidential Information only for the purpose of evaluating potential investment with the Firm and will not reproduce, commercially exploit, redistribute, broadcast or create any derivative work based on any portion of the Website, without the express permission of the Firm. Each user agrees that it will limit disclosure of Confidential Information within its own organization to directors, officers, partners, members and/or employees having a need to know and shall not disclose the Confidential Information to any third party without the prior express written consent of the Firm.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE FIRM, AND ITS RESPECTIVE OFFICERS, PRINCIPALS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANATIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED OR PRESENTED THROUGH THE WEBSITE.  ANY CONTENT OF THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.  ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND.  THE FIRM HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY.  THE FIRM DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT UNAUTHORIZED ACCESS TO OR MISAPPORPRIATION OF THE CONTENT WILL NOT OCCUR; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. 

THE MATERIALS ON THE SITE INCLUDING, WITHOUT LIMITATION, INFORMATIONAL MATERIALS AND ANY OTHER FUND OR FIRM SPECIFIC INFORMATION, HAVE BEEN PREPARED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL, LEGAL, REGULATORY, TAX OR ANY OTHER ADVICE.  PRIOR TO MAKING ANY INVESTMENT, YOU SHOULD CONSULT WITH A PROFESSIONAL FINANCIAL ADVISOR AS WELL AS A LEGAL AND TAX ADVISOR TO ASSIST IN DUE DILIGENCE AS MAY BE APPROPRIATE IN DETERMINING THE SUITABILITY OF THE RISK ASSOCIATED WITH A PARTICULAR INVESTMENT.  IN NO EVENT SHALL THE FIRM, OR ITS RESPECTIVE OFFICERS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR WITH ANY DELAY IN USING THE WEBSITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE WEBSITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

OWNERSHIP OF CONTENT

The Website and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software ("Content"), are the property of the Firm and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Website are proprietary to the Firm, including all registered and unregistered trademarks and service marks of the Firm. If the Website includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by the Firm or any third party, without the Firm's express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of the Firm's copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of the Firm.

ONLINE PRIVACY POLICY

The Firm’s policy is to respect the privacy of all information it receives from a user accessing the Website and to protect the security and confidentiality of the nonpublic information we obtain during this process.  Such information will be treated in accordance with the Firm’s Online Privacy Policy as set forth below:

The Firm is committed to protecting the privacy of users of the Website.  We will use reasonable efforts to see that all information, identifying and otherwise, submitted to us by users, remains private and is used only for the purposes set forth herein. Furthermore, we believe that our online users have a right to know what information we collect when you visit our Website.  This Online Privacy Policy outlines the types of information we gather about you, how we gather your information, how we use it, with whom we might share it, the means by which we keep it secure and the choices you have about the information you share with us.

What Information Do We Collect and How Do We Collect It?

In general, when you visit our Website, we do not collect personally identifiable information about you.  When you request access to certain sections of our Website, you may be asked to supply information such as your name, e-mail address and phone number.

How Do We Use the Information?

We may use your name, email address and phone number to send you information about funds and to determine your eligibility to access our password-protected pages.  The Firm does not share the collected information listed above with nonaffiliated third parties.  In the event, however, that the Firm is sold, transferred or disposed of in accordance with legal proceedings, user information, including identifying information, may be transferred to such third party purchaser or transferee, and will be subject to such third party’s privacy policy.

Security

The Firm takes reasonable precautions to protect its clients’ personal information by hiring an internet hosting provider that maintains physical, electronic and procedural safeguards that either meet or exceed applicable law.  Please note, however, that no transmission over the internet can be 100% secure.  The Firm also works to protect user information offline.  All of your information is housed in secure, access-restricted areas.  Only employees who need the information to perform a specific function are granted access to personally identifiable information.

Use of Cookies

Cookies are small text files that are stored on a user’s hard drive after the user has visited and/or registered with an online website.  This Website does not store long-term cookies, but rather uses session cookies which expire when the user closes the web browser.

Changes to the Online Privacy Policy

If we ever change the Online Privacy Policy, we will post that information here.  If there is ever any material change to the information we gather and how it is used, we will notify you via the email address we have in your personal profile.  We invite you to come back from time to time to review the policy.

REFERENCES TO PUBLICATIONS AND OTHER COMPANIES

References to any publication or any other company in the Website are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of the Firm or that the Firm endorses, recommends or approves the services or products of such companies. News stories reflect only the author's opinion and not necessarily that of the Firm.

LINKS TO THIRD PARTY WEBSITES

The Website may contain hyperlinks to websites operated by parties other than the Firm, which the Firm may not have been screened or reviewed and which may contain inaccurate, inappropriate or offensive material, products or services. The Firm does not control such websites, and the Firm assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. The Firm's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

MODIFICATION AND MONITORING OF WEBSITE

The Firm may, at its discretion, change, modify, add or remove portions of these Terms of Use at any time without notice to you. We suggest that you check these Terms of Use periodically for changes. If you use the Website after we post changes to these Terms of Use, you accept the changed Terms of Use. The Firm expressly reserves the right to monitor any and all use of the Website.
 

TERMINATION AND CANCELLATION

The Firm may modify or terminate the Website and terminate your access to the Website, without notice at any time and for any reason.

INDEMNITY

You agree, at your own expense, to indemnify, defend and hold harmless the Firm, its parents, subsidiaries and affiliates, and their officers, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use or the Privacy Policy, your use of the Website, or any of your other acts or omissions.

JURISDICTIONAL ISSUES AND APPLICABLE LAW

These Terms of Use are governed by the laws of the State of Colorado, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in the City and County of Denver, Colorado which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Website or any product or service related thereto. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

GENERAL

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

By reviewing or using the information on the Website after accessing the Website, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding, and (c) you will use the information on the Website in a manner consistent with applicable laws and regulations in accordance with these Terms of Use, as the Firm may amend them online or otherwise from time to time. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

This Website may contain forward-looking statements on our current expectations and projections about future events. Statements that are predicative in nature, that depend upon or refer to future events or conditions or that include words such as “expects,” “anticipates,” “intends,” “plans,” “believes,” “estimates,” “thinks,” and similar expressions are forward-looking statements. These statements involve known and unknown risks, uncertainties and other factors that may cause our actual results and performance to be materially different from any future results or performance expressed or implied by these forward-looking statements. These factors include, among other things, those matters discussed as “Risk Factors,” in our materials, as well as (1) general economic and business conditions; (2) new governmental regulations and changes in, or the failure to comply with existing governmental regulation, (3) legislative proposals that impact our industry or the way we do business, (4) competition, and (5) our ability to attract and retain qualified personnel.

Although we believe that these statements are based upon reasonable assumptions, we can give no assurance that our goals will be achieved. Given these uncertainties, prospective clients are cautioned not to place undue reliance on these forward-looking statements. We assume no obligation to update or revise any forward-looking statements contained on this Website or provide reasons why actual results may differ.

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