Effective as of July 25, 2021
2. No Securities Offering or Investment Advice.
Access to information about the Funds managed by, or the advisory services offered by, SOMOS is limited to investors who meet the applicable investor suitability, experience, and sophistication criteria. Users of this Website acknowledge that an investment in an investment fund (including the Funds managed by SOMOS) is speculative, involves a high degree of risk, and is intended for sophisticated investors only. An investor should not make an investment unless it is prepared to lose all or a substantial portion of its investment.
3. Intended Users.
SOMOS reserves the right to delete your profile (if it exists) and any content or information that you have posted, and/or prohibit you from using or accessing this Website (or any portion, aspect, or feature thereof), at any time in its sole discretion, with or without notice, including without limitation, if SOMOS believes that you are under the age of 18.
4. Ownership; Limited License to Use this Website.
All content within this Website, including designs, text, graphics, pictures, video, information, software, music, sound, digitally downloadable files, trademarks, logos, service marks, product and program names, slogans, and other files, and their selection and arrangement (the "SOMOS Content'') is the property of SOMOS with all rights reserved.
No SOMOS Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold, in any form or by any means, in whole or in part, without SOMOS’s prior express written consent, which may be withheld for any or no reason, except as provided in the following sentence. Provided that you are eligible for use of this Website, you are granted a limited license to access and use this Website and to download or print a copy of any portion of this Website solely for your own private, non-commercial, informational purposes use, provided that you keep all copyright or other proprietary notices intact. Except as described in the immediately preceding sentence, you agree not to copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, other source-identifying material, software or code obtained from this Website without prior express written consent from SOMOS, which may be withheld for any or no reason. You may not republish SOMOS Content on any Internet, Intranet, or Extranet site or incorporate any SOMOS Content into any other database or compilation.
Any use of this Website or any SOMOS Content other than as specifically authorized herein, without the prior express written consent of SOMOS, which may be withheld for any or no reason, is strictly prohibited and will terminate the limited license granted herein. Such unauthorized use may result in violations of applicable laws including copyright and trademark laws and applicable communications statutes and regulations.
5. Usage Parameters and Termination.
Means of Access.This Website is intended to be accessed using a conventional web browser, either through a computer or a mobile device. Although you may access this Website through other means, SOMOS does not guarantee that this Website may appear accurately through access methods other than a computer or a mobile device. Users accessing this Website through means other than a computer or a mobile device do so at their own risk.
Users are responsible for reviewing the cache settings on their web browser to ensure that they are receiving the most recent data from this Website. Users are also responsible for obtaining and maintaining all devices, equipment, services, and other materials that are necessary to access and use this Website.
Restrictions on Data Collection.Without the prior express written consent from SOMOS, which may be withheld for any or no reason, you may not:Use any data mining, robots, or other similar data gathering and extraction programs or methods, whether automated or manual, to access, copy, or monitor any portion of this Website or any SOMOS ContentFrame the website, utilize framing techniques to enclose any SOMOS Content or other proprietary information, place pop-up windows over this Website’s pages, or otherwise affect the display of this Website’s pages.Engage in any activity with the purpose of obtaining content (including SOMOS Content) or other information, including screen scraping or database scraping.
7. Password-Protected Areas; Performance Information.
In the event that some areas of this Website are password-protected, these may only be accessed by users who have been issued with usernames and passwords (the "Log-In Information") by an authorized representative of SOMOS. Such Log-In Information shall only be provided to current investors in one or more of the Funds managed by SOMOS, or to prospective investors who are eligible to receive a CPOM, and/or are classified as accredited investors for one or more of such Funds.
Password-protected areas of this Website may contain performance information for the Funds managed by SOMOS. Users of this Website acknowledge that the past performance of any Fund should not be construed as an indicator of future performance. Any projections, market outlooks or estimates in the password-protected areas of this Website are forward looking statements and are based upon certain assumptions. Other events which were not considered may occur and may significantly affect the returns or performance of the Funds. As such, any projections, outlooks or assumptions included in the password-protected areas of this Website should not be construed to be indicative of the actual events which will occur. Further, SOMOS, in its sole discretion, may modify the investment strategy, the portfolio composition and the investment guidelines and restrictions at any time in any manner which it believes is consistent with its overall investment objective, without notice to current investors and those who can access the password-protected areas of this Website.
No one may obtain or attempt to obtain access to the password-protected areas of this Website, or to any protected materials or information, without the prior express written consent by SOMOS. Unauthorized individuals attempting to obtain access, or actually gaining access, to these password-protected areas and/or protected materials or information from this Website, may be subject to criminal and/or civil prosecution.
During any registration process for any password-protected area, you may be required to provide complete and accurate information about yourself. It will be your responsibility to maintain the currency, completeness, and accuracy of your future password and registration data and any loss caused by your failure to do so shall be your responsibility. You may not have a username or ID that is indecent or distasteful or that SOMOS otherwise determines in its discretion to be unacceptable. You will be solely responsible for maintaining the confidentiality of your password and account. Additionally, you will be solely responsible for any and all activities that might occur under your account. You agree to notify SOMOS immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate or disclose any username, log-in ID, password, or other information that provides you access to this Website. SOMOS is not liable for any loss that you may incur as a result of the future unauthorized use of your password or account, either with or without your knowledge.
8. No Offer of Employment.
Nothing contained in this Website should be construed as an offer or promise of employment with respect to any employment position described on this Website. SOMOS reserves the right to, without prior notice, eliminate, modify, or change any aspects of any employment position described on this Website.
This Website does not provide any binding employment offers or any terms and conditions of employment. If you submit an application or other information through this Website, you signify your agreement to the use of such information by SOMOS for future employment offers to you and indicate your consent to be included in any employment databases or lists of SOMOS. Any employment offer that may come about as a result of your submission of an application or other information through this Website shall only be in accordance with the specific terms of such employment offer and not with the terms of this Website.
9. No Warranty; No Reliance; Disclaimers.
SOMOS uses reasonable efforts to ensure the appropriateness, accuracy, completeness, and reliability of information contained in this Website. SOMOS and its agents, clients, directors, employees, investors, members, principals, and officers make no representations or warranties, expressed or implied, regarding this Website, the SOMOS Content, or any other content on this Website (including content posted, uploaded or otherwise transmitted by users), and/or the accuracy, adequacy, completeness, reliability, suitability, timeliness, or other characteristics of the information and materials contained or presented on this Website. This Website and all such content are provided "as is" and "as available," without any warranty, either express or implied.
SOMOS, to the fullest extent permitted by law, hereby disclaims all representations and warranties, express or implied, as to this Website, SOMOS Content, content posted, uploaded, or otherwise transmitted by users, any matter related to this Website, and such information and materials on this Website, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and availability. SOMOS expressly disclaims liability for errors and omissions in this Website or the information and materials contained on this Website.
There are no warranties with respect to the results of your use of this Website, any SOMOS Content, or content posted, uploaded, or otherwise transmitted by users. SOMOS cannot guarantee and does not promise any specific results from your use of this Website. SOMOS does not warrant that this Website is free of viruses, worms, "Trojan horses," or other harmful components. Users acknowledge that, by using this Website, they may be subject to cyber-security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other cyber-security or privacy hazards. SOMOS and its agents, clients, directors, employees, investors, members, principal, and officers shall not be liable for any damages of any type or kind to your computer or other device (including mobile devices), viruses that may infect your computer or other device (including mobile devices), or services repairs or corrections that must be performed on your computer or other device (including mobile devices) due to your access to or use of this Website.
This Website may be temporarily unavailable from time to time for maintenance or for other reasons. SOMOS does not assume any responsibility for any defect, deletion, delay, interruption, or omission in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, or alteration of, user communications. SOMOS is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or in the Website or a combination of these, including damage to users or to any other party’s computer or other property related to or resulting from participating or downloading content in connection with the Web or in connection with this Website. Under no circumstances shall SOMOS be responsible for any loss or damage, including any loss or damage to content posted, uploaded, or otherwise transmitted by users, financial damages or lost profits, loss of business, or personal injury or death, resulting from any party’s use of this Website, of any SOMOS Content, or of any Third-Party Content (referenced in the Links to Other Websites and Content section below) posted within or through this Website or transmitted to users of this Website, or resulting from any interactions between users of this Website, whether online or offline.
SOMOS, at its sole discretion, reserves the right to change any content of this Website with or without notice. Permission by SOMOS to access this Website should not be construed as, or relied upon as, accounting, financial, investment, legal, regulatory, tax or similar advice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by SOMOS.
10. Limitation of Liability.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL SOMOS OR ITS AGENTS, CLIENTS, DIRECTORS, EMPLOYEES, INVESTORS, MEMBERS, PRINCIPALS, OR OFFICERS BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOST PROFITS OR LOST DATA, ARISING FROM OR IN ANY WAY CONNECTED WITH: [I] THE USE OF OR INABILITY TO ACCESS AND/OR USE THIS WEBSITE, OR WITH ANY DELAY IN THIS WEBSITE, INCLUDING LOSS OF REVENUE, TRADING, PROFITS, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, USE, OPPORTUNITY, OR DATA; [II] SOMOS CONTENT, ANY BLOG CONTENT, USER CONTENT, OR ANY OTHER INFORMATION AND MATERIALS CONTAINED WITHIN OR ACCESSED THROUGH THIS WEBSITE; OR [III] OTHERWISE ARISING OUT OF THE ACCESS TO AND/OR USE OF THIS WEBSITE.
IN NO EVENT SHALL SOMOS OR ITS AGENTS, CLIENTS, DIRECTORS, EMPLOYEES, INVESTORS, MEMBERS, PRINCIPALS, OR OFFICERS BE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM DEFECTS, DELAYS IN OPERATIONS OR TRANSMISSION, DELETION OF FILES, ERRORS, INTERRUPTIONS, MISTAKES, OR ANY FAILURE OF PERFORMANCE OF THIS WEBSITE WHETHER OR NOT CAUSED BY EVENTS BEYOND SOMOS’S REASONABLE CONTROL, INCLUDING TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, DESTRUCTION, THEFT, OR UNAUTHORIZED ACCESS TO THIS WEBSITE’S RECORDS, PROGRAMS, OR SERVICES.
SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO ALL USERS. IF ANY PART OF THE PRECEDING EXCLUSIONS AND LIMITATIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF SOMOS OR ITS AGENTS, CLIENTS, DIRECTORS, EMPLOYEES, INVESTORS, MEMBERS, PRINCIPALS, OR OFFICERS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW. IN NO EVENT SHALL SOMOS’S TOTAL LIABILITY TO ANY USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE) EXCEED THE AMOUNT PAID BY SUCH USER, IF ANY, FOR ACCESSING THIS WEBSITE OR $50, WHICHEVER AMOUNT IS LOWER.
THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF: [I] ANY NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, OF SOMOS OR ANY OF ITS AGENTS, CLIENTS, DIRECTORS, EMPLOYEES, INVESTORS, MEMBERS, PRINCIPALS, OR OFFICERS; OR [II] WHETHER THE LIABILITY ARISES IN NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, CONTRAT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THIS WEBSITE IS TO CEASE USING THIS WEBSITE.
12. Governing Law; Venue and Jurisdiction.
13. Links to Other Websites and Content.
By using this Website, you may access or receive links to other websites (the "Third-Party Sites"), and/or to articles, designs, graphics, information, music, software, sound, text, video and other content belonging to or originating from third parties (the "Third-Party Content"). SOMOS does not investigate, monitor, or review the accuracy, appropriateness, or completeness of such Third-Party Sites and Third-Party Content. SOMOS is not responsible for any Third-Party Sites accessed through this Website or any Third-Party Content posted within this Website, including the content, accuracy, offensiveness, opinions, reliability, or policies of or contained in the Third-Party Sites or the Third-Party Content.
14. General Provisions.
You agree to be bound by any agreement or consent you transmit to or through this Website via any media or electronic device, including internet, telephone and wireless devices.
3 Germay Drive, Unit 4 # 1128 Wilmington, DE 19804 United States of America