ACCESS TO AND USE OF THIS WEBSITE (THE “WEBSITE”) AND THE MATERIALS FOUND ON IT (ALONG WITH THE CONTENT OF ANY EMAIL CORRESPONDENCE SENT ON BEHALF OF REDFOX CAPITAL E.I.R.L (“REDFOX”, “WE” or “US”), OR ANY ENTITY OR PERSON ASSOCIATED WITH THEM) (THE “CONTENT”) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”). PLEASE READ THE TERMS CAREFULLY. BY ACCESSING AND USING THE WEBSITE AND THE CONTENT, YOU AGREE THAT THE TERMS ARE REASONABLE AND YOU AGREE TO BE BOUND BY THEM AND THE REGULATORY RESTRICTIONS GOVERNING THE USE OF THE WEBSITE. WE RESERVE THE RIGHT TO MODIFY THE TERMS AT ANY TIME WITHOUT NOTICE. YOU FURTHER AGREE NOT TO CHALLENGE THE REASONABLENESS OF ANY OF THE LIMITATIONS AND EXCLUSIONS CONTAINED IN THE TERMS. IF YOU DO NOT ACCEPT THE TERMS, YOU SHOULD NOT CONTINUE TO USE THE WEBSITE.
THE WEBSITE AND THE CONTENT ARE NOT DIRECTED AT OR INTENTED FOR DISTRIBUTION TO ANY PERSON (OR ENTITY) WHO IS A CITIZEN OR RESIDENT OF (OR LOCATED OR ESTABLISHED IN) ANY JURISDICTION WHERE (BY REASON OF THAT PERSON’S NATIONALITY, RESIDENCE OR OTHERWISE) THE PUBLICATION OR AVAILABILITY OF THE WEBSITE AND THE CONTENT IS PROHIBITED OR WOULD SUBJECT REDFOX TO ANY REGISTRATION OR LICENSING REQUIREMENT IN SUCH JURISDICTION. PERSONS IN RESPECT OF WHOM SUCH PROHIBITIONS APPLY ARE REQUIRED TO INFORM THEMSELVES ABOUT AND TO OBSERVE ANY LEGAL OR REGULATORY RESTRICTIONS WHICH MAY AFFECT THEIR ELIGIBILITY TO ACCESS THE WEBSITE AND IF NECESSARY, MUST NOT ACCESS THE WEBSITE. PROFESSIONAL ADVICE SHOULD BE SOUGHT IN CASES OF DOUBT.
ACCESS TO INFORMATION ON INVESTMENT PRODUCTS (“INVESTMENT PRODUCTS”) IS STRICTLY LIMITED TO EXISTING INVESTORS AND SUBJECT TO ACCEPTING FURTHER TERMS AND CONDITIONS SPECIFIC TO THE JURISDICTION OF SUCH INVESTOR. ONCE ACCEPTED, THOSE TERMS AND CONDITIONS WILL, TO THE EXTENT THAT THEY CONFLICT WITH THE TERMS, TAKE PRECEDENCE OVER THE TERMS. THE WEBSITE IS ONLY AVAILABLE TO INSTITUTIONAL OR HIGH NET WORTH INDIVIDUALS AND BY ACCESSING THE WEBSITE USERS WILL BE DEEMED TO HAVE CONFIRMED THAT THEY MEET THE CRITERIA FOR THIS CLASSIFICATION. SUCH CONFIRMATION WILL BE TREATED BY ARGAN AS THE USER’S ACCEPTANCE THAT THEY UNDERSTAND THE DEFINITION OF THESE TERMS AS APPLICABLE UNDER THE REGULATORY REGIME OF THEIR COUNTRY OF RESIDENCE.
No Offer: Access to and use of the Website and the Content is provided for information purposes only and neither the Website nor the Content should be construed as an offer or solicitation, invitation, recommendation or inducement to buy or sell any investments or securities, provide investment advisory services or to engage in any other transaction of any sort (unless expressly identified as such) to any person in any jurisdiction in which such an invitation or inducement is not permitted or where RedFox is not qualified to make such an offer, invitation or inducement to them. It is the responsibility of any persons who wish to express an interest in any investment opportunity to inform themselves of, and to observe, all applicable laws and regulations.
Permitted Users of the Website: Any investments, investment opportunities or investment services which may be promoted on the Website are not available to private customers and are only available to limited categories of persons in jurisdictions who satisfy certain criteria. In addition, such investments, investment opportunities or investment services may not have been registered with the U.S. Securities and Exchange Commission and as such, may only be available to certain accredited U.S. investors. The Content is intended to be communicated only to such persons as RedFox is legally able to send it and who are legally able to receive it in their jurisdiction of residence. If you are not such a person you should cease accessing the Website immediately.
Data Protection: In relation to any personal information that you may provide to us in connection with your use of the Website, RedFox is committed to following policies which protect the privacy of such personal information and which comply with current data protection laws and regulations in respect of our processing of such personal information. By submitting your personal information you consent to the use of that information as set out in the Terms, including your consent to our use of your personal information for the purposes of communicating with you on any issues or questions which you raise with us. If we change the Terms we will post the changes on the Website so that you will be aware of the nature of personal information we collect and how we use it at all times.
Intellectual Property: The Website and the Content is protected by copyright, trade marks, database and other intellectual property rights, with all rights reserved. You may download or print out a hard copy of individual pages and/or sections of the Website for your own personal, non-commercial use, provided you do not remove any copyright or other proprietary notices. Any downloading or other copying from the Website will not transfer title to any software or material to you, which remains vested in RedFox at all times. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, copy, distribute, link into or use for any public or commercial purpose any of the Content or any other material relating to the Website without the prior written permission of RedFox.
Privacy: Third parties may be able to access information posted on the Website by means of the internet or otherwise. You acknowledge that communications transmitted by means of the Website are public and not private communications.
Investment Performance Information: Information regarding the past performance of an investment is not necessarily indicative of the future performance of that investment. The value of investments may fall or rise. There can be no assurance that the investment strategy or objective of any Investment Product will be achieved or that investors will receive a return of the amount invested. Investment in any Investment Product will be subject to significant risks of loss of income and capital and interests in any Investment Product may be subject to restrictions on transfer. The Website contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of RedFox. You can identify these forward-looking statements by the use of words such as “outlook”, “believe”, “expect”, “potential”, “continue”, “may”, “should”, “seek”, “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. RedFox undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
No Advice: You should not rely on any information or opinions contained in the Website in making an investment or other decision but should obtain relevant and specific professional advice. The investments, services, transactions and activities referred to on the Website may not be appropriate for your specific purposes or circumstances. You are responsible for obtaining your own legal, tax and financial advice before taking any action in relation to any such investment, service, transaction or activity. Nothing contained on the Website constitutes or should be construed to constitute investment, legal, tax, regulatory, financial, accounting or other advice or as a recommendation by RedFox or any other person. The information contained on the Website shall in no way be construed to constitute a recommendation with respect to the purchase or sale of any investment.
No Representation or Warranty: While RedFox believes the Website and the Content to be fair and accurate, no representation, warranty or guarantee of any kind, express or implied is or will be given by RedFox or any of its affiliates, directors, members, shareholders, partners, officers, employees, advisers or agents (together, its “Related Persons”), and, without prejudice to any liability for, or remedy in respect of, fraudulent misrepresentation, no responsibility or liability or duty of care is, or will be, accepted by RedFox or any of its Related Persons as to the fairness, accuracy, completeness, currency, reliability or reasonableness of any information or any opinions contained within it, or of any other written or oral information made available to any recipient or its advisers in connection with the Website. None of RedFox or any of its Related Persons accepts any responsibility for updating any information or correcting any inaccuracies within the Website or the Content or for providing any further or supplemental information to any person. You are solely liable for any use you make of the Website and/or the Content. The Content has not been formally verified and it is inherently subject to change without notice and may become outdated. You, therefore, should verify any information obtained from the Website before you use it. No reliance may, nor should, be placed upon the Content by any person. In particular, but without prejudice to the generality of the foregoing, no representation or warranty is given as to the achievement or reasonableness of any future projections, forecasts, targeted or illustrative returns. Any past performance information contained within the Website or the Content is not an indication of future performance. It may not have been audited or verified by an independent party and should not be seen as an indication of returns which might be received by investors in any Investment Product. Similarly where projections, forecasts, targeted or illustrative returns or related statements or expressions of opinion are given they should not be regarded by any recipient as a guarantee, prediction or definitive statement of fact or probability. Actual events and circumstances are difficult or impossible to predict and will differ from assumptions. Any performance information provided on a ‘gross’ basis does not reflect any management fees, carried interest, taxes and allocable expenses borne by investors which in the aggregate may be substantial.
Exclusion of Liability: To the fullest extent allowed by law, RedFox or any of its Related Persons shall not be liable under any circumstances (including, without limitation, its or their negligence or gross negligence but excluding circumstances where RedFox or any of its Related Persons has been fraudulent) for any direct, indirect or consequential losses, damages, costs or expenses incurred or suffered by any person arising out of or in connection with the access to, use of or linking to other sites from, the Website or reliance on any statement in, or omission from, all or any part of the Website or the Content. In no circumstances shall RedFox or any of its Related Persons have any liability for consequential or special damages. Nothing in the Terms shall limit our liability for death or personal injury resulting from any negligence of RedFox or any of its Related Persons. Furthermore, RedFox or any of its Related Persons will not be liable for any direct, indirect or consequential losses, damages, costs or expenses incurred or suffered by your use or inability to use the Website at any time or any delay or interruption in the availability or delivery of all or any part of the Website. External Sites: The Website may contain links to other websites (the “Linked Sites”). The Linked Sites are for your convenience only, and you access them at your own risk. RedFox gives no guarantee that any Linked Sites accessed through the Website will be free from infection, viruses or worms or other code which may have contaminating or destructive properties. We are not responsible for the content of the Linked Sites, whether or not we are affiliated with sponsors of the Linked Sites. We do not in any way endorse the Linked Sites.
Trade marks: "RedFox" and the RedFox logo are trade marks of RedFox.
Viruses: We do not guarantee that material on the Website will be free from infection, viruses or worms or other codes which may have contaminating or destructive properties. You are fully responsible for ensuring protective steps are taken such as virus checking. We will not be liable to you for any loss or damage (whether direct, indirect or consequential) arising from or in connection with any infection, virus or worms or other codes associated with the Website. Security: You should be aware that the internet, being an open network, is not secure. You should have no expectation of privacy with respect to any communication on or through the Website. Please do not transmit any confidential information on or through the Website. If you choose to send any electronic communications to us by means of the Website, you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. We cannot guarantee that any information displayed on the Website has not been interfered with without our consent.
Severability: If any provision of the Terms is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the validity, legality and enforceability under the law of that jurisdiction of any other provision, and the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision shall not be affected or impaired in any way thereby.