Exis Capital Management

Terms and Conditions

Terms and Conditions

Please read these terms and conditions carefully. By accessing this web site and any pages hereof, you are indicating that you have read, acknowledge and assent to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not access this web site. Exis Capital, LLC reserves the right to change these terms and conditions and you are responsible for regularly reviewing these terms and conditions. Your continued use of this web site constitutes your agreement to all such terms and conditions. As used herein, Exis Capital, LLC means Exis Capital, LLC and its affiliates.

General Information

This web site comprises various web sites and pages operated by Exis Capital, LLC (collectively, the "web site"). Certain sections of or pages on this web site may contain separate terms and conditions, which are in addition to these terms and conditions. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern for your use of those sections or pages.

Unauthorized use of Exis Capital, LLC's web site and systems, including, but not limited to, unauthorized entry into Exis Capital, LLC's systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this web site in any manner that could damage, disable, overburden, or impair any Exis Capital, LLC site or service or interfere with any other party's use and enjoyment of any Exis Capital, LLC site or service. You may not attempt to gain unauthorized access to any Exis Capital, LLC site or service, computer systems or networks connected to any Exis Capital, LLC site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this web site that are contrary to applicable laws or regulations.

The information and materials on this web site may contain typographical errors or inaccuracies. Exis Capital, LLC reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this web site and to suspend and/or deny access to this web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and Exis Capital, LLC does not undertake any obligation or responsibility to update or amend any such information. Exis Capital, LLC may discontinue or change any product or service described in or offered on this web site at any time.

Disclaimer of Warranty and Limitation of Liability

The information, products and services on this web site are provided on an "AS IS," "WHERE IS" and "WHERE AVAILABLE" basis. Exis Capital, LLC does not warrant the information or services provided herein or your use of this web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Exis Capital, LLC will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this web site. Although the information provided to you on this web site is obtained or compiled from sources we believe to be reliable, Exis Capital, LLC cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Exis Capital, LLC, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this web site, or resulting from the act or omission of any other party involved in making this web site, the data contained herein or the products or services offered on this web site available to you, or from any other cause relating to your access to, inability to access, or use of the web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Exis Capital, LLC or of any vendor providing software or services. In no event will Exis Capital, LLC or any such parties be liable to you for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if Exis Capital, LLC or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Exis Capital, LLC cannot and does not guarantee continuous, uninterrupted or secure access to the web site.

Proprietary Rights

All right, title and interest in this web site and any content contained herein is the exclusive property of Exis Capital, LLC, except as otherwise stated. Unless otherwise specified, this web site is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any information, software, products or services obtained from this web site, except for the purposes expressly provided herein, without Exis Capital, LLC's prior written approval. If you download any information or software from this web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

Exis Capital, LLC, the Exis Capital, LLC logo and other Exis Capital, LLC trademarks and service marks referenced herein are trademarks and service marks of Exis Capital, LLC. The names of other companies and third-party products or services mentioned herein may be the trademarks or service marks of their respective owners. You are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Exis Capital, LLC or such third party which may own the marks.

Pursuant to Section 512(c)(2) of the Copyright Act, Exis Capital, LLC designates the following agent to receive notifications of claimed infringement: Peter Rosenthal, Exis Capital, LLC, 270 Lafayette Street, NY NY 10012 Tel: (212) 893-7900.

Use of Links

This web site may contain links to and be linked from third party web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Exis Capital, LLC of any information contained in any third party web site. In no event shall we be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of this web site.

Securities Products

None of the information contained in this web site constitutes a solicitation or offer by Exis Capital, LLC or its affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service. Prior to the execution of any transaction by you involving information you received from this web site, you should consult your business advisor. The information and services provided on this web site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Exis Capital, LLC is not authorized to provide such information or services. Furthermore, the information contained in this web site does not constitute a distribution, an offer to sell or the solicitation of an offer to buy any securities in any jurisdiction in which such distribution or offer is not authorized. In particular, the information herein is not for distribution and does not constitute an offer to sell or the solicitation of any offer to buy any securities in the United States ("US") to or for the benefit of any US person (being residents of the US or partnerships or corporations organized under the laws of the US). Some products and services described in this web site may not be available in all jurisdictions or to all clients.

You acknowledge that investment products and services available through Exis Capital, LLC involve investment risks, performance can be volatile, and an investor could lose a substantial amount of his or her investment. Our strategies may use leverage. The client does not retain any trading authority over assets placed with us. None of our strategies is intended, by itself, to provide a client with an investment program that is diversified or otherwise tailored to suit any client's overall investment needs. A client's account may not be liquid or transferable. Fees and expenses may offset trading profits. We may be subject to certain conflicts of interest.

While the material on this web site is often about investments, none of it is offered as investment advice. For members of the public, this means that neither the receipt nor the distribution of information though this web site constitutes the formation of an investment advisory relationship, or any similar client relationship. No information in this web site constitutes investment, legal, tax or other advice nor is it to be relied upon in making an investment decision. Subscriptions for shares or units in any Exis Capital, LLC portfolios, funds or other investment products will only be made on the basis of the current relevant offering document. Any broker, agent, investment advisor, financial planner or other financial intermediary using this website remains solely responsible for protecting the interests of its clients in connection with any communication via this web site.

This website may contain performance and other data. Unless otherwise specified (i) all figures are estimated and unaudited, (ii) net results reflect the net realized and unrealized returns after deduction of all operational expenses (including brokerage commissions), management fees and incentive compensation, and (iii) performance data assume reinvestment of all distributions. Actual returns will vary from one client to the next. Past performance is not necessarily indicative of future results and investors risk loss of their investment.

You should seek financial advice regarding the appropriateness of making any investments discussed in this web site and should understand that statements regarding future prospects may not be realized. You should note that income from such investments may fluctuate and that the value of each investment may rise or fall. Accordingly, you may receive back less than originally invested. Past performance is not necessarily a guide to future performance and investors risk the loss of their investment.

This web site 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 web site or provide reasons why actual results may differ.

Privacy Policy

Exis Capital, LLC takes precautions to maintain the privacy of personal information concerning its past, present and prospective investors. These precautions include the adoption of certain procedures designed to maintain and secure investors' nonpublic personal information from inappropriate disclosure to third parties. Exis Capital, LLC restricts access to nonpublic personal information about investors to those employees and agents of Exis Capital, LLC who need to know that information in order to provide services to investors. Exis Capital, LLC may disclose such information to service providers and financial institutions with which it has joint marketing arrangements, however, Exis Capital, LLC maintains physical, electronic and procedural safeguards to protect investor non-public personal information.

Choice of Law

This agreement shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate state or federal court located in the County of New York, State of New York and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect. This agreement constitutes the entire agreement between Exis Capital, LLC and you with respect to this site and it supersedes all prior or contemporaneous communications, agreements and understandings between Exis Capital, LLC and you with respect to the subject matter hereof. A printed version of this agreement shall be admissible in judicial or administrative proceedings.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL EXIS CAPITAL, LLC, ITS AFFILIATES, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEB SITE, OR THE UNAUTHORIZED ACCESS TO OR THE MISAPPROPRIATION OF ANY CONTENT MADE AVAILABLE ON OR THROUGH THE WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EXIS CAPITAL, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXIS CAPITAL, LLC'S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.