Terms and Conditions of Use
 

Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. These Terms govern your use of this website, including all content and services provided on or through this website. By using this website, you acknowledge that you have read, and that you agree to be bound by, the provisions of these Terms exactly as if the Terms were printed on paper and signed by you. If you do not agree to be bound by these terms in their entirety, please do not use the website. LaCrosse Global Fund Services, LLC and its subsidiaries (collectively, "LaCrosse") may change these Terms at any time without notice, and any such change will be effective immediately. By using this website after a change to these Terms has been made, you are agreeing to accept these Terms as amended.

Use of Information and Materials

The information on this website is for informational purposes only. No part of this information may be redistributed, copied or reproduced without the prior written consent of LaCrosse Global Fund Services. The information contained in this website is subject to change without notice. The information is not investment, legal, tax or accounting advice and is not an offer to sell, or a solicitation of an offer to buy, any securities or other instruments by anyone in any jurisdiction.

Use of the Internet

Your use of hyperlinks on this website to other internet sites is at your own risk. LaCrosse Global Fund Services is not responsible for third party sites hyperlinked from this website, nor does LaCrosse Global Fund Services make any endorsements, representations, or warranties, express or implied, with respect to the content of third party websites or products or services offered on any third party websites, including but not limited to accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.

You acknowledge and agree that electronic communications and databases are subject to errors, tampering and break-ins and that LaCrosse Global Fund Services does not guarantee or warrant that such events will not take place. LaCrosse Global Fund Services makes no warranty whatsoever to you, express or implied, regarding the security of the website, including with respect to the ability of unauthorized persons to intercept or access information transmitted through this service. You agree to follow all access and security procedures provided by LaCrosse Global Fund Services from time to time, and will not attempt, nor will you aid or abet any other person in any attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of LaCrosse Global Fund Services.

As a result of high internet traffic, transmission problems, systems capacity limitations, and other problems, you may at times experience difficulty in accessing the website or communicating with LaCrosse Global Fund Services through the internet or other electronic and wireless services. Any computer system or electronic device can experience unanticipated outages or slowdowns, or have capacity limitations. LaCrosse Global Fund Services shall have no liability to you or third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this website, or for any delay in, or interruption or disruption of, such access.

Ownership of Site, Trademarks and Copyrights

Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the website are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled, or licensed by LaCrosse Global Fund Services. No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express prior written consent of LaCrosse Global Fund Services; however, you may download materials for your personal, non-commercial use only, provided you keep intact and property display all copyright and other proprietary notices. All trademarks, service marks, trade names and logos displayed on this website are proprietary to LaCrosse Global Fund Services and/or others. Nothing in this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, service mark, trade name of logo displayed on this website, which use by you without the written permission of LaCrosse Global Fund Services of such other third party who may own such trademark, service mark, trade name or logo is strictly prohibited.

Jurisdictional Issues

The information provided in or accessible through the website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or, except for the UK, which would subject LaCrosse Global Fund Services to any registration or other requirement within such jurisdiction or country.

No Warranties

THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING AND IN ADDITION TO THE FOREGOING TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, LACROSS GLOBAL FUND SERVICES MAKES NO REPRESENTATION OR WARRANTY (EITHER EXPRESS OR IMPLIED): (I) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED, (III) THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) REGARDING THE USE OR RESULTS OF THE USE OF ANY OF THE INFORMATION OR MATERIALS IN OR ACCESSED THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, IN TERMS OF THE CORRECTNESS, ACCURACY OR RELIABILITY THEREOF OR OTHERWISE); OR (V) REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE.

Limitation of Liability

WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING IN CONNECTION WITH THIS WEBSITE, THE USE HEREOF OR RELIANCE ON ANY INFORMATION CONTAINED HEREIN, EVEN IF LACROSSE KNEW OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Governing Law; Consent to Jurisdiction

YOUR ACCESS TO AND USE OF THIS WEBSITE, AND THESE TERMS, ARE GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, USA, WITHOUT GIVING EFFECT TO ANY LAW OR RULE THAT WOULD CAUSE THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF NEW YORK TO BE APPLIED. ANY ACTION ARISING OUT OF THESE TERMS OR THIS WEBSITE SHALL BE LITIGATED IN , AND ONLY IN, COURTS LOCATED IN NEW YORK CITY, NEW YORK, AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THOSE COURTS AND TO WAIVE ANY REQUEST FOR CHANGE OF VENUE.

Privacy Statement

LaCrosse Global Fund Services, LLC and its subsidiaries (“LaCrosse”) considers the privacy of its clients’ personal information to be of utmost concern. LaCrosse Global Fund Services generally will not use or disclose client personal information for any purpose other than in connection with the servicing of client’s accounts, as permitted by the client, and as required by law. In order to provide its clients with optimal service and to meet certain regulatory requirements, LaCrosse Global Fund Services collects or may have access to certain client personal information from information clients provide on applications, agreements or other forms, or in connection with a client’s account transactions that are reviewed or serviced by LaCrosse Global Fund Services as administrator.

Collection of Information

LaCrosse Global Fund Services may collect or obtain access to personal information from current and prospective clients who have investors who are individuals and from principals, officers, directors and employees of a client. LaCrosse Global Fund Services uses this information in connection with the its provision of administrative services, primarily to process requests and transactions, provide customer service and communicate information related to providing administrative services. Individual information which is obtained from clients may include name, address, social security number or tax identification number, passport number and photo, copy of drivers license, bank account information, financial information.

In addition, the website may collect certain information about visitors, even when they are not logged in. LaCrosse Global Fund Services may record your IP address, the URLs of the pages you visit, the times and dates of such visits, information about the computer hardware and software you use and other information that may be available. LaCrosse Global Fund Services may place cookies on your computer to recognize you on return visits, as well as to collect additional information about you. Cookies are small text files consisting of information stored by your web browser. You may adjust your browser settings or use other means to prevent cookies from being placed on your computer, but doing so may result in reduced functionality and declining to use authentication related cookies will prevent you from using the private portions of the website altogether.

Information We Share

In order to provide efficient and reliable services, and to improve products and services available to you, LaCrosse Global Fund Services and certain of its affiliates may share individual personal information. LaCrosse Global Fund Services restricts access to personal information about you to those employees, agents or other parties who need to know that information to provide products or services to you. We maintain physical, electronic and procedural safeguards to guard your personal information, including firewalls, individual passwords and encryption and authentication technology. We do not use for purposes other than as set out above, or disclose to any third party any personal information about our customers or former customers, except with such customer’s consent or as otherwise permitted or required by law. We may also disclose this information to firms that perform services on our behalf to the extent permitted by applicable law. These service providers are required to treat the information confidentially and use it only for the purpose for which it is provided.

LaCrosse Global Fund Services may also disclose personal information in accordance with the instructions or consent of the individual, and to protect our rights and interests. In addition, under limited circumstances, your personal information may be disclosed to third parties as permitted by, or to comply with, applicable laws and regulations, for instance when responding to a subpoena or similar legal process, to protect against fraud, and to otherwise cooperate with law enforcement or regulatory authorities or with organizations such as exchanges or clearinghouses.

Protection of Personal Data

Users of private portions of the website are required to identify and authenticate themselves prior to accessing LaCrosse’s services. Generally, identification and authentication take place through the use of your user name and a password, or with an RSA SecurID* Card and a Personal Identification Number (“PIN”). The private portions of the website are built upon a secure infrastructure with multiple layers of protection, including measures ranging from proper physical security of our machines to system intrusion detection capabilities. Within the private portion of the website, LaCrosse uses industry standard encryption technologies to protect your information from external compromise. Your password, RSA SecurID* Card and PIN are personal to you and should not be made available to any other person. You should discontinue their use and notify us if you have any reason to suspect that someone else may be using them.

[Access to certain portions of the website may require you to register by providing your email address and certain other information. You will be solely and fully responsible for the security of your Login ID and password (“Codes”), and for any and all actions taken using them. Your Codes are for your personal and individual use only. You will not attempt to access any content or services using any Codes other than your own, nor will you permit anyone else to do so using your Codes. You will notify LaCrosse Global Fund Services promptly if you know or suspect that your Codes have been compromised, and of any other known or suspected breach of website security.]

Disclaimer

© Copyright 2008, LaCrosse Global Fund Services, All Rights Reserved. LaCrosse Global Fund Services is an indirect, wholly owned subsidiary of Cargill, Incorporated. Factual materials are obtained from sources thought to be reliable. LaCrosse Global Fund Services and its affiliates are not responsible for any errors, incompleteness or omissions contained herein. This Web site is provided without warranties of any kind and may not be reproduced, resold, transmitted or stored in any printed, electronic or other form.