Investor Portal

WEBSITE TERMS OF USE

Last modified: February 22, 2023

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE OR SUBMITTING INFORMATION TO FA2 ADVISORS, LLC (“FA2”). THESE TERMS OF USE AND THE REFERENCED PRIVACY POLICY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND FA2. BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE AGREEMENT. THE TERMS OF USE ARE SEPARATE AND DISTINCT FROM ANY AND ALL TERMS OF USE, DISCLAIMERS OF LIABILITY OR WARRANTIES REGARDING ANY SERVICES SOLD AND DO NOT GOVERN THEM.

You should review this Agreement each time you access our Website. FA2 reserves the right to modify these terms at any time. By continuing to access this site, you signify your agreement to be bound by them.

1. Privacy Policy
Please see our privacy policy for a detailed description of our information gathering and dissemination practices.

2. Inaccuracies on the Websites
While we use reasonable efforts to include accurate and up to date information on our Website, errors, inaccuracies, and omissions sometimes occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. FA2 makes no guarantees whatsoever as to the completeness, correctness, or accuracy of the materials or data on our Website. More specifically, FA2 does not warrant the accuracy or timeliness of our Website and related materials, and FA2 has no liability for any errors or omissions in the information provided.

3. Permitted Use
Our Website is protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible within our Website is the property of FA2 and its content providers, and FA2 and its content providers retain all right, title, and interest in the content. Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sub-licensable, non-assignable, non-transferable, and revocable license to use our Website and related materials solely for your own personal non-commercial use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Website, electronic reproduction, adaptation, distribution, performance, or display of our Website or any portion of our Website is prohibited. Use of any of our trademarks in any way, including but not limited to use as meta-tags on any other website, is strictly prohibited. You may not display our Website or portions thereof in things (e.g., framing, scraping, etc.) without our express written permission. You agree to cooperate with us to cause all unauthorized co-branding, framing, scraping, or linking to immediately cease.

4. Prohibited Uses
You may use our Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using names, email addresses or any other content associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

5. Third Party Links and Materials on the Websites
Our Website may be linked to other sites on the Internet that are not under the control of or maintained by FA2. Such links do not constitute an affiliation with or endorsement by FA2 of any such sites. You acknowledge that FA2 is providing these links to you solely as a convenience to you, and you agree that FA2 is not responsible for the content or links displayed on such sites to which you may be linked. FA2 does not endorse or make any representations about these websites, or any content found thereon. If you access any of the third party websites linked on our Website, you do so at your own risk.

6. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FA2 DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING OUR WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. FA2 MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH OUR WEBSITE IS ACCURATE COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. FA2 ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL FA2 OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE, FOR ANY DAMAGE TO YOUR COMPUTER OR DATA, ANY DAMAGES ASSOCIATED WITH THE LOSS OF YOUR PERSONAL INFORMATION OR ANY OTHER DAMAGE OR ECONOMIC LOSS YOU MAY INCUR ENSUING FROM OR IN CONNECTION WITH (A) THE WEBSITE; OR (B) YOUR SUBMISSION OF PERSONAL OR OTHER INFORMATION THROUGH THE WEBSITE, EVEN IF FA2 OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. DESPITE THE FOREGOING LIMITATION LIABILITY FOR DAMAGES, IF A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE NO GREATER THAN THE AMOUNT YOU PAID TO FA2 FOR SERVICES IN THE LAST SIX MONTHS.

8. General
8.1 Modifications
At any time and at FA2’s sole discretion, we may add, delete, or modify the Agreement or our Website. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing, and/or using our Website. All changes to the Agreement shall be effective immediately.

8.2 Dispute Resolution, Applicable Law and Venue
FA2 intends to resolve any and all disputes that may arise between it and its Website users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to FA2 in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. FA2 shall respond within ten (10) business days with identical information from its perspective. You and a representative of FA2 shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and FA2 mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and FA2 fail to resolve the matter, you may then proceed to litigation in the forum described below. Any action related to this Agreement will be governed by the laws of the Commonwealth of Massachusetts, without regard to the choice or conflicts of law provisions of any jurisdiction. You and FA2 agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website or to the Agreement will be exclusively in the federal or state courts located in Boston, Massachusetts.

8.3 Miscellaneous
If any part of the 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. No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.

8.4 Contacting Us
If you have any questions about this agreement, please call email us at info@fidem-financial.com, or write us at:
Legal Department
FA2 Advisors, LLC
855 Boylston Street
Boston, Massachusetts 02116 USA
Although FA2 will in most circumstances be able to receive your e-mail or other information provided through this Website, FA2 does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

8.5 Investment/Performance Disclaimer:
PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The investment return and principal value of an investment may fluctuate. The Website could contain forward-looking statements from time to time, which reflect our current views with respect to, among other things, the operations and performance of our investments. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise. Any transactions described on the Website as having been engaged in by FA2 Advisors, LLC or any of its affiliates are included as representative transactions for illustrative purposes only and may not be representative of all transactions engaged in by FA2 Advisors, LLC or any of its affiliates.