Introduction

These terms and conditions govern your use of this Meridian Capital Partners, Inc. (“Meridian”) website (the “Site”).  Meridian may revoke your right to use the Site at any time and for any reason.  Features of the Site may change at any time and without notice to you.  Meridian may modify these terms and conditions at any time upon written notice or electronic posting to the Site. The information on the Site is for U.S. residents only.

BEFORE USING THE SITE, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  BY USING THE SITE, YOU FULLY ACCEPT THESE TERMS AND CONDITIONS IN THEIR THEN CURRENT FORM.  IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS OR ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE SITE. 

Acceptable Use

The Site is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security.  There will not be any sale of any security in any jurisdiction where such an offer, solicitation or sale would be unlawful.  If you wish to learn more about information contained on the Site, you may contact a representative of Meridian. 

Investments in Meridian funds of hedge funds involve certain risks, are subject to certain restrictions and can only be made pursuant to the offering documents of the funds.  Investors should not assume that an investment in a Meridian fund will be profitable.  In making an investment decision, investors must rely upon their own examination of the applicable offering documents, which investors must read carefully prior to investing. Past performance is not necessarily indicative of future results.  Investors are urged to seek independent investment, legal and tax advice prior to investing in any Meridian fund.    

Meridian does not attempt to furnish personalized investment advice or services through the Site. No information on the Site should be construed as a recommendation to buy or sell any security or make any other investment.  Meridian does not make any representation by way of the Site as to whether any investment is suitable for you, and none of the content on the Site is intended as investment, accounting, tax or legal advice.  By your use of the Site, you acknowledge that you will not use any information on the Site as investment, accounting, tax or legal advice.  Persons seeking such advice should consult their own financial advisors, accountants or attorneys. 

Although the Site may contain information about Meridian’s investment process generally as well as research or commentary relating to specific investments or investment strategies, the accuracy, completeness or timeliness of such information is subject to change without notice and is not guaranteed. Information contained on the Site may not reflect current financial developments or market conditions.  Reliance upon any information or statements contained on the Site, or on any links from the Site to any third party site shall be at your risk.  

You understand and acknowledge that Meridian and/or its agents and employees may employ investment strategies contrary to the strategies, opinions or illustrations provided on the Site, both for client accounts and for their own accounts.

Privacy Policy and Usage Monitoring

When you email Meridian through the Site’s “contact us” feature, Meridian uses your email address to respond to your specific inquiry.  Unless authorized by you, Meridian does not use your email address for any other purpose and does not share it with outside parties unless required by law or pursuant to a regulatory inquiry.  Meridianreserves the right, to access, archive or monitor any use of the Site, including your use of the Site and your communications.  By using the Site, you accept Meridian’s right to access, archive, or monitor usage to ensure service quality, or to evaluate the Site, the security of the Site, compliance with these terms and conditions, or for any other reason. You agree that Meridian’s monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Meridian monitors your Site usage and enforces, or fails to enforce, these terms of use. You further agree that in no event will Meridian be liable for any damages incurred by you as a result of Meridian’s usage monitoring.

Electronic Communication

The Site permits you to communicate electronically by sending an e-mail message to Meridian.  You agree not to use the Site’s e-mail feature for the transmission of orders to transfer funds, buy or sell interests in Meridian funds or to transmit any private personal information (including but not limited to birthdates, social security or tax identification numbers, or bank account information), to give notice of a change of address or to give Meridian any time-sensitive instructions.  Meridian shall not be liable for any actions taken or any omissions to act as a result of your use of the Site’s email feature for any of the aforementioned purposes.

Property Rights

Meridian provides all information through the Site only for your personal, non-commercial use.  You may download content from the Site or print a hard copy for personal use, as long as you do not remove any copyright or other notices. 

Information on the Site is the property of Meridian and is protected by applicable copyright, patent, trademark or other intellectual property laws. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such information in any manner (including electronic, print or other media) without written consent from Meridian.  You also agree not to use information from the Site for any unlawful purpose, and you shall comply with any request by Meridian to protect its rights in the information.

Meridian is not responsible for information on any third party website that is referred to in or accessible or connected by hyperlink to the Site.  If you access any third-party website through the Site, you do so at your own risk.  Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with Meridian.  

Transmission or use of any content on the Site in violation of these terms and conditions, or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party is strictly prohibited.

Warranties and Limitation of Liability

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”  MERIDIAN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS.  WITHOUT LIMITING ITS GENERAL DISCLAIMER, MERIDIAN DOES NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETELNESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY OF ITS CONTENT.

MERIDIAN SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, BY WAY OF THE SITE OR ANY OF ITS CONTENT, OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE AVAILABLILITY OF ANY INFORMATION ACCESSED THROUGH THE SITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.

IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, MERIDIAN MAKES NO REPRESENTATION AND ASSUMES NO LIABILITY REGARDING THE QUALITY, SAFETY, ACCURACY, OR SUITABILITY OF ANY INFORMATION OR SOFTWARE FOUND ON ANY OTHER SITE NOT UNDER MERIDIAN’S CONTROL.

MERIDIAN SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU RELATED IN ANY WAY TO YOUR USE OF THE SITE.  TO THE EXTENT PERMITTED BY LAW, MERIDIAN SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE), OR FOR ANY LOSS THAT RESULTS FROM A CAUSE OVER WHICH MERIDIAN DOES NOT HAVE CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, UNAUTHORIZED ACCESS, STRIKES, FAILURES OF COMMON CARRIER OR UTILITY SYSTEMS, SEVERE WEATHER, OR OTHER CAUSES COMMONLY KNOWN AS “ACTS OF GOD”.

Password Protected Areas

Access to and use of password-protected and/or secure areas of the Site is restricted to authorized users only.  You may not 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 Meridian or Meridian funds for your specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.

Governing Law

These terms and conditions and your agreement thereto shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its choice of law rules. By browsing or accessing this Site, you accept and agree to be bound by the laws of such jurisdiction.  In the event that you do not agree to be bound by such laws, you must immediately discontinue your browsing or access to the Site.  Any action to enforce these terms and conditions shall be brought in the federal courts located in the State of New York. 

Miscellaneous

These terms and conditions constitute the entire agreement between you and Meridian in relation to your use of the Site, and supersede all previous agreements in respect of your use of the Site. Should any of these terms and conditions be deemed or held to be invalid or unenforceable, the remaining terms and conditions shall continue in full force and effect.  Except as herein provided, no waiver, modification or amendment of any provision of these terms and conditions shall be effective against Meridian unless the same is in writing and signed by an authorized official of Meridian.  Meridian may modify these terms and conditions at any time upon written notice or electronic posting to the Site.  Meridian may assign this agreement in whole or in part at any time without your consent.