Terms of Service

Terms of Service 2017-06-29T17:38:11+00:00

Terms of Use of the Aegea Capital Management, LLC Website

By accessing this website and any materials presented herein (the “Site”), you accept in their entirety the following terms and conditions pertaining to the use of the Site. Aegea Capital Management, LLC and its affiliates (collectively “Aegea Capital”) reserve the right to change the terms, conditions and notices under which this Site is offered without notice at any time. Any such change to these Terms of Use shall be effective upon posting to the Site. Accordingly, we suggest that you periodically review these Terms of Use when accessing or using the Site. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.

1. Limited License to Use the Site

Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grant or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of Aegea Capital. Any data that you transmit to the Site (including without limitation personally-identifiable information) becomes the property of Aegea Capital and may be used by Aegea Capital for any lawful purpose without restriction, subject to the terms of Aegea Capital’s Online Privacy Policy set forth below. Aegea Capital reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site.

Aegea Capital grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. Except as described in the immediately preceding sentence, you may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site without prior express written permission from Aegea Capital; which may be withheld for any or no reason.

You acknowledge and agree that Aegea Capital may temporarily or permanently restrict, suspend or terminate the Terms of Use or your access to, and use of, all or any part of the Site, including any links to third-party sites, at any time, with or without cause, including but not limited to any breach of these Terms of Use as determined by Aegea Capital’s sole and absolute discretion, and without prior notice or liability. Aegea Capital will not be liable to you or any third party for any termination of your access to or use of the Site.

2. Usage Parameters

Prohibited Uses. In addition to the other limitations discussed in these Terms of Use, because all servers have limited capacity and are used by many people, you may not use the Site in any manner that could damage or overburden any Aegea Capital server, or any network connected to any Aegea Capital server. You may not use the Site in any manner that would interfere with any other party’s use of the Site. You may not use, transfer, distribute or dispose of any information contained in the Site in any manner that could compete with the business of Aegea Capital.

Means of Access. The Site is generally intended to be viewed by a conventional Web browser. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk. You are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data. You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access and use the Site. You may not use any data mining, robots or similar data gathering and extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of the Site or any data and content found on the Site, unless such devices or methods are expressly approved in advance by Aegea Capital in writing.

Usage Monitoring. Aegea Capital reserves the right, but does not have the obligation, to access, archive, or monitor any use of this Site, or your use of this Site and your communications to the Site. Any personal information collected during such monitoring will be used in accordance with Aegea Capital’s then-current Online Privacy Policy. By using the Site, you accept Aegea Capital’s right to access, archive, and/or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with these Terms of Use, compliance with applicable laws, rules or regulations or for any other reason. You agree that Aegea Capital’s monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Aegea Capital monitors your Site usage and enforces, or fails to enforce, these Terms of Use. You further agree that in no event shall Aegea Capital be liable for any damages incurred by you as a result of Aegea Capital’s usage monitoring.

3. No Offer of Securities

THIS SITE AND THE INFORMATION INCLUDED HEREIN ARE FOR GENERAL INFORMATION PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL AT THE SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY AEGEA CAPITAL OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY AEGEA CAPITAL. ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF THE APPLICABLE CONFIDENTIAL OFFERING MEMORANDUM OF EACH SUCH INVESTMENT FUND OR OTHER APPLICABLE DOCUMENT, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO INVESTORS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS OF EACH SUCH INVESTMENT FUND AS DETERMINED BY AEGEA CAPITAL IN ITS SOLE AND ABSOLUTE DISCRETION.

Such requirements may include, among other things, qualifying as an “accredited investor” within the meaning of the U.S. Securities Act of 1933, as amended; a “qualified client׆ within the meaning of the U.S. Investment Advisers Act of 1940, as amended; a “qualified eligible person” within the meaning of the U.S. Commodity Exchange Act, as amended; and/or a “qualified purchaser” within the meaning of the rules promulgated under the U.S. Investment Company Act of 1940, as amended. Access to information about the investment funds managed by, or advisory services offered by, Aegea Capital is similarly limited to investors who meet the applicable investor suitability, experience and sophistication requirements. You acknowledge that participation in investment funds is speculative in nature, involves a high degree of risk and is intended only for experienced and sophisticated investors.

This Site is also not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this Site should be construed as a recommendation, by Aegea Capital or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.

4. Password-Protected Areas

Portions of the Site which are password-protected may be accessed only by users who have been issued passwords by an authorized representative of Aegea Capital. Such passwords will only be issued to current investors in an investment fund sponsored or managed by Aegea Capital, or to prospective investors who are eligible to receive a Confidential Offering Memorandum for one or more of those investment funds or their respective agents and designees. Password-protected portions of the Site may contain performance information for the investment funds sponsored or managed by Aegea Capital. Users of the Site acknowledge that past performance is not necessarily indicative of future results. No one may obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by Aegea Capital for their specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.

Aegea Capital has no responsibility if: (i) you lose or misplace your password, or (ii) an unauthorized person accesses your account information using your user ID and password unless such information was obtained by the unauthorized person due to the gross negligence of Aegea Capital. In the event that you become aware of any actual or potential security breach, you agree to notify Aegea Capital immediately by calling Aegea Capital at (312) 605-8020. You agree that these authentication and security procedures are acceptable and appropriate unless such information was obtained by the unauthorized person due to the gross negligence of Aegea Capital.

5. Privacy Policy

In using portions of the Site, you may provide Aegea Capital with personal information about you, your relatives and/or other persons affiliated with or designated by you. Personal information is any information that can be used to identify or contact a specific individual or company. Aegea Capital may use personally-identifiable information for its own internal purposes. Aegea Capital will not transfer, sell or disclose such personal information to any other third party except any funds or advisers without the applicable person’s prior consent, except (i) as may be required by law (including, without limitation, pursuant to a subpoena, search warrant or other court order, or by order of any regulatory body having jurisdiction over Aegea Capital, its affiliates or funds managed by Aegea Capital or its affiliates); (ii) to protect the integrity of the Site and/or to protect the interests, rights, safety or property of Aegea Capital; (iii) to enforce these Terms of Use; (iv) to provide you with services or products requested by you and to perform activities related to such services and products, including billing and collection; (v) in connection with a merger, acquisition, divestiture, change of control or liquidation of Aegea Capital or (vi) to operate Aegea Capital’s systems properly. In general, Aegea Capital’s business practices limit access to personal information obtained through your use of the Site to those members of its personnel who need to know such information to conduct the operations of Aegea Capital or funds managed by Aegea Capital. Aegea Capital maintains physical, electronic and procedural safeguards designed to protect such information from unauthorized access or use. Aegea Capital will use personal information obtained through your use of the Site only in accordance with the Online Privacy Policy in effect at the time such information was provided. Aegea Capital reserves the right to change this Online Privacy Policy at any time and to apply such changes retroactively.

6. No Reliance

While Aegea Capital uses reasonable efforts to update the information contained in the Site, Aegea Capital makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Site. Any content of the Site is subject to change without notice. As noted above, permission given by Aegea Capital to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice.

7. Material(s) to Be Consulted in Its Entirety

All materials at the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures, hedge clauses and any copyright or proprietary notices, including those contained in these Terms of Use. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

8. No Offer of Employment

The Site does not constitute an offer or promise of employment with respect to any employment position described on this Site. Without notice, Aegea Capital may eliminate, modify or change any aspects of any employment position described on the Site. This Site does not provide binding employment offers or any terms or conditions of employment. Any employment offer that may ensue as a result of your submission of information to Aegea Capital shall be solely in accordance with the specific terms of such employment offer, not the terms of the Site.

9. Links to Third-Party Websites

Aegea Capital has not reviewed any of the websites that may be linked to the Site, and is not responsible for their content. Aegea Capital is not responsible for the privacy practices of such other websites. Linking to or use of any off-site pages or other websites is at your own risk. Aegea Capital’s inclusion of links to other websites does not imply any endorsement of any kind by Aegea Capital of the material located on or linked to by such websites, and should not be deemed as such by any user of the Site. Aegea Capital disclaims any responsibility for the products and/or services offered or the information contained on any websites other than this Site.

10. No Warranty

AEGEA CAPITAL AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. THIS SITE AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN “AS AVAILABLE” BASIS. AEGEA CAPITAL, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, ANY MATTER RELATED TO THE SITE AND SUCH INFORMATION AND MATERIALS ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. AEGEA CAPITAL EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS IN THE SITE OR THE INFORMATION AND MATERIALS CONTAINED THEREIN.

You acknowledge that you are aware that by using this Site you may be subject to security and privacy exploitations; including eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing and/or other security or privacy hazards.

AEGEA CAPITAL AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS. AEGEA CAPITAL AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND TO YOUR COMPUTER, VIRUSES THAT MAY INFECT YOUR COMPUTER, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR USE OF THE SITE.

11. Limitation of Liability; Indemnification

IN NO EVENT SHALL AEGEA CAPITAL OR ITS PARTNERS, OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING 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 SITE OR WITH ANY DELAY IN USING THE SITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF AEGEA CAPITAL OR ANY OF ITS OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IN NO EVENT SHALL AEGEA CAPITAL OR ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO ACCESS AND/OR USE THE SITE OR WITH ANY DELAY IN USING THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, TRADING, PROFITS, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, USE, OPPORTUNITY OR DATA; (II) ANY INFORMATION AND MATERIALS CONTAINED ON OR OBTAINED THROUGH THE SITE; OR (III) OTHERWISE ARISING OUT OF THE ACCESS TO AND/OR USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE FOREGOING LIMITATIONS APPLY EVEN IF AEGEA CAPITAL OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR COULD HAVE FORESEEN THE DAMAGES. FURTHER, NONE OF AEGEA CAPITAL OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, CLIENTS, AGENTS OR EMPLOYEES WILL BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THESE TERMS OF USE OR WITH APPLICABLE FEDERAL, STATE AND/OR LOCAL LAWS. SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OR DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF AEGEA CAPITAL OR ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW. IN NO EVENT SHALL AEGEA CAPITAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR $50, WHICHEVER AMOUNT IS LOWER.

These limitations of liability will apply regardless of: (i) any negligence or gross negligence on part of Aegea Capital or any of its officers, directors, members, principals, investors, clients, agents or employees or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, 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 the Site is to stop using the Site.

You hereby agree, at your own expense, to indemnify, defend and hold Aegea Capital and its officers, directors, members, principals, investors, agents and employees harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms of Use or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any such claim. Aegea Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Aegea Capital.

12. General

These Terms of Use are governed by the internal laws of the State of Illinois, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in Cook County, Illinois, U.S.A., as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. You hereby appoint the Secretary of State of the State of Illinois as your agent for service of process in any such proceeding.

Any notice to Aegea Capital shall be given in writing and sent by registered mail to Aegea Capital Management, LLC, Attention: Matt Andrews, 401 West Superior Street, 1st Floor, Chicago, IL 60654-3430.

If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.