Terms of Use

Agreement Between User and Adaptive Capital Management, LLC

This website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.

Personal And Non-Commercial Use Limitation

This website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, per-form, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website.

Copyright Notice

All contents of this website are: Copyright © 2005 Adaptive Capital Management, LLC.

No Securities Offering

The funds advised by Adaptive Capital Management, LLC are not offered through this website. Such an offer may only be made after you have received the Company's  confidential Offering Memorandum and have had the opportunity to discuss all matters concerning any prospective investment that you desire. This website does not provide all information material to an investor's decision to invest in any of these hedge funds, including, but not limited to, risk factors. Past performance is not indicative of future returns. For more information, please refer to a fund's Offering Memorandum  and read it carefully before you invest.

Past Performance Is Not Comparable

The password-protected performance data shown on this website reflect the reinvestment of dividends and other earnings and net figures reflect the deduction of fees and incentive allocations. Past performance is not indicative of future returns. Adaptive Capital Management, LLC believes that the comparison of its performance to a single market index is inappropriate because the funds' portfolio may contain options and other derivative securities, may include short sales of securities and margin trading and may not be as diversified as the market indices reflected in this website. Due to the differences among the funds' portfolios and the performance of the equity market indices included above, Adaptive Capital Management, LLC cautions potential investors that no such index is directly comparable to the results of any fund that it advises.

Liability Disclaimer

Adaptive Capital Management LLC takes care to ensure that the information provided is accurate and up to date. However, the information published on this website may include inaccuracies or typographical errors. The website is provided "AS IS" without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. Opinions expressed herein are subject to change without notice. All information and content on this website is furnished "as is," without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Adaptive Capital Management LLC will not assume any liability for any loss or damage kind, arising, whether direct or indirect, caused by the use of any part of the information provided.

No Unlawful Or Prohibited Use

As a condition of your use of this website, you warrant to Adaptive Capital Management, LLC that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Links To Third Party Sites

This website may contain hyperlinks to websites operated by parties other than Adaptive Capital Management, LLC. Such hyperlinks are provided for your reference only. Adaptive Capital Management, LLC does not control such websites and is not responsible for their contents. Adaptive Capital  Management'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 Of These Terms And Conditions

Adaptive Capital Management, LLC reserves the right to change the terms, conditions, and notices under which this website is offered.

General

The laws of the State of Nevada, U.S.A, govern this agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Washoe County, Nevada, in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Adaptive Capital Management, LLC as a result of this agreement or use of this website. Adaptive Capital Managementís performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Adaptive Capital Managementís right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Adaptive Capital Management, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the user and Adaptive Capital Management, LLC with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Adaptive Capital Management, LLC with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

Investment Adviser

Adaptive Capital Management, LLC is registered as an investment adviser in the State of Nevada. An investment adviser or investment adviser agent may only transact business in a state if first registered, excluded or exempted from the state's investment adviser or investment adviser agent registration requirements, as the case may be, and may only provide follow-up or individualized responses to consumers in a particular state that involves the rendering of personalized investment advice for compensation, after complying first with the state's investment adviser or investment adviser agent registration requirements, or pursuant to an applicable exemption or exclusion there from.