TERMS AND CONDITIONS
Please read the following Terms and Conditions of Use
("Terms and Conditions") for Alternative Strategies Group, Inc. Electronic Services carefully
before continuing.
Throughout these Terms and Conditions, “You” refers to you
or your customer.
By using this site, You signify Your acceptance of our Terms
and Conditions of Use. If You do not agree to these terms, do not use this
site.
Modification and Monitoring of this Web
site
Agreement / Services Provided
Approved Use of Electronic
Services
Conditions for Use of Electronic
Services
Limitation of Liability
Third-Party Content
Governing Documents
Applicable Charges
Disclaimer
Dissemination of Information
Use of Alternative Strategies Group, Inc. Software
No Duty to Inquire
Internet Security
Termination
Applicable Law / Severability
Entire Agreement
Alternative Strategies Group, Inc. is committed to protecting your
privacy. Please
view our Privacy Statement.
Modification and Monitoring of this Web site
We, at Alternative Strategies Group, Inc., reserve the right, to change, modify, add, or
remove portions of these terms at any time without notice. We suggest that You
check these Terms and Conditions periodically for changes. The terms can be
accessed from the link at the bottom of our Web site pages. If You use this Web
site after we post changes to the terms, You accept the changed terms.
Alternative Strategies Group, Inc. expressly reserves the right to monitor any and all use of this Web
site.
Agreement/Services Provided
You understand that these Terms and Conditions between You
and Alternative Strategies Group, Inc. and its affiliates state the terms and conditions of Your use of
Alternative Strategies Group, Inc.' Electronic Services. Alternative Strategies Group, Inc.' Electronic Services include any
on-line securities system, Web-based or otherwise, established by
Alternative Strategies Group, Inc. directly through on-line business partners.
In offering online transaction services, Alternative Strategies Group, Inc. is making
available to You interactive computer services which allow You to obtain
certain information and transact certain business with Alternative Strategies Group, Inc. with regard to
Your alternative investment accounts (or accounts of persons on whose
behalf You acts as broker or agent) and obtain other information
(some of which may be provided by third parties) via electronic transmission
for use on compatible personal, home, or small business computers with modems
which can connect to the appropriate telecommunications network.
Approved Use of Electronic Services
You shall be the only authorized user of Alternative Strategies Group, Inc.'
Electronic Services under these Terms and Conditions. If you have access to
materials that are provided for your reproduction, you agree, under these Terms
and Conditions, not to alter the content of these materials unless prior
written consent from Alternative Strategies Group, Inc. has been granted. You shall be
responsible for the confidentiality and use of Your password(s) and other
security data, methods and devices. You understand that You shall be solely
responsible for all transaction requests electronically transmitted, or use of
any data, information, or services obtained, using Your password(s) and other
security data.
You agree that Alternative Strategies Group, Inc. Electronic Services are the
proprietary property of Alternative Strategies Group, Inc. and/or third parties from whom Alternative Strategies Group, Inc. has
obtained rights to provide access to Alternative Strategies Group, Inc.' customers. You agree not to
use Alternative Strategies Group, Inc.' Electronic Services except as authorized by these Terms and
Conditions and, in any event, not to make it available to any third parties;
provided, that, any person acting as a broker or financial adviser for another
person may provide the information obtained through Alternative Strategies Group, Inc. Electronic
Services with such broker or financial adviser's clients or prospective
clients.
Conditions for Use of Electronic Services
You should notify us immediately if:
- You place an order through Alternative Strategies Group, Inc.' Electronic Services and You do not
receive a reference number reflecting the order
- You receive confirmation of a transaction which You did not place or any
similar conflicting report
All notifications to Alternative Strategies Group, Inc. pertaining to these Terms and
Conditions shall be directed to:
Wachovia Alternative Strategies Administration
200 Berkeley St, 22nd Floor
Boston, Massachusetts 02106
If You fail to notify Alternative Strategies Group, Inc. when any of the above
conditions occur, neither Alternative Strategies Group, Inc. nor any of its employees, agents,
affiliates, subsidiaries, or its parent, nor any third parties, can or will
have any responsibility or liability to You or to any other person whose claim
may arise through You for any claims with respect to the handling, mishandling,
or loss of any order. You understand that Alternative Strategies Group, Inc. shall not be deemed to have
received any transaction request electronically transmitted by You until
Alternative Strategies Group, Inc. have acknowledged to You that the request has been received by
Alternative Strategies Group, Inc. You accept full responsibility for the monitoring of Your
account.
Limitation of Liability
Alternative Strategies Group, Inc. and its affiliates are not liable under any
circumstances, including but not limited to negligence for any special or
consequential damages that may result from the use of, or the inability to use
the materials on this site, even if Alternative Strategies Group, Inc. or an Alternative Strategies Group, Inc. authorized
representative has been advised of the possibility of such damages.
Alternative Strategies Group, Inc. and its affiliates are not liable for damages or
injury, including, but not limited to damages or injury caused by any
performance, failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communications line
failure, theft or destruction or unauthorized access to, alteration of, or use
of information, whether resulting, in whole or in part, from breach of
contract, negligence, or otherwise. If You live in a state that does not allow
the limitation or exclusion of liability for incidental or consequential
damages the above limitation or exclusion may not apply to You.
In no event shall Alternative Strategies Group, Inc.' total liability to You for
damages, losses, and causes of action, whether in contract, tort (including,
but not limited to, negligence), or otherwise, exceed the amount paid by You,
if any, for accessing Alternative Strategies Group, Inc.' site.
Third-Party Content
By clicking on links to third-party Web sites, you will
leave the Alternative Strategies Group, Inc. Web site and enter a privately owned Web site
that is not affiliated with Alternative Strategies Group, Inc. or its affiliates. The
information and opinions found on third-party Web sites have not been verified
by our Firm, nor do we make any representations as to its accuracy and
completeness. By linking to this Web site, Alternative Strategies Group, Inc. is not
endorsing the third-party's products and services, or its privacy and security
policies, which may differ from Alternative Strategies Group, Inc. and/or its affiliates. We
recommend that you review the third-party's policies and terms and conditions
to fully understand what information may be collected and maintained as a
result of your visit to this Web site.
Governing Documents
The operation of Your account is subject to these Alternative Strategies Group, Inc.
Electronic Services Terms and Conditions, Your alternative investments
application, and any applicable prospectus and those terms and conditions are
incorporated herein by reference. If You are a broker or financial adviser (or
registered representative of a broker or financial adviser) You shall also
continue to be bound by the provisions of the agreement between You or Your
firm and Alternative Strategies Group, Inc.
Applicable Charges
You agree to be liable for any and all charges or expenses
incurred in connection with the use of Alternative Strategies Group, Inc.' Electronic Services by You
or any other person through use of security codes, equipment, or otherwise. You
understand that the rates, fees, billing, and services terms provided by an
outside vendor may be determined by that vendor.
Disclaimer
You acknowledge and agree that the use and storage of any
information, including without limitation, portfolio information transaction
activity, account balances, and any other information or transaction requests
available through use of Alternative Strategies Group, Inc.' Electronic Services is at Your sole risk
and responsibility. NEITHER Alternative Strategies Group, Inc. NOR ANY THIRD PARTY MAKES ANY
REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
IN RESPECT OF Alternative Strategies Group, Inc.' ELECTRONIC SERVICES OR ANY INFORMATION PROGRAMS OR
PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION WITH Alternative Strategies Group, Inc.' ELECTRONIC
SERVICES. IN NO EVENT WILL Alternative Strategies Group, Inc. OR ANY THIRD PARTY BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN OR
USE OF Alternative Strategies Group, Inc.' ELECTRONIC SERVICES.
Alternative Strategies Group, Inc. and its affiliates intend that the information
contained in this service be accurate and reliable; however, errors sometimes
occur. Alternative Strategies Group, Inc. does not warrant that functions provided by this service will
be uninterrupted or error-free, that defects will be corrected, or that this
site or the servers that make it available are free from viruses or other
harmful components. Alternative Strategies Group, Inc. does not warrant or represent that the materials
in this site are correct, accurate, or reliable. You (and not Alternative Strategies Group, Inc.) assume
the entire cost of all necessary servicing, repair, or correction of Your
property or operations as a result of using this Web site.
By using this Web site, You accept at Your own risk that the
Internet and online communications medium may not perform as intended despite
the efforts of Alternative Strategies Group, Inc. and Your Internet service provider.
Reference to a fund or security anywhere on this Web site is
not a recommendation to buy, sell, or hold that or any other security.
If You live in a state that does not allow disclaimers or
implied warranties, our disclaimer may not apply to You.
Dissemination of Information
You understand that each participating national securities
exchange or association asserts a proprietary interest in all of the market
data it furnishes to the parties that disseminate the data. You also understand
that neither any participating national securities exchange or association nor
any supplier of market data guarantee the timeliness, sequence, accuracy, or
completeness of market data or any other market information, or messages
disseminated by any party. No disseminating party shall be liable in any way,
and You agree to indemnify and hold harmless such party, for (a) any
inaccuracy, error, or delay in, or omission of, (i) any such data, information,
or message or (ii) the transmission or delivery of any such data, information,
or message, or (b) any loss or damage arising from or occasioned by (i) any
such inaccuracy, error, delay, or omission, (ii) nonperformance, or (iii)
interruption of any such data, information, or message, due either to any
negligent act or omission by any disseminating party or to any "force
majeure" (i.e., flood, extraordinary weather conditions, earthquake, or
other act of God, fire, war, insurrection, riot, labor dispute, accident,
action of government, communications, or power failure, equipment or software
malfunction) or any other cause beyond the reasonable control of any
disseminating party. You understand that the terms of these Terms and
Conditions may be enforced directly against You by the national securities
exchanges and associations providing market data to You.
Use of Alternative Strategies Group, Inc. Software
You understand that Your use of Alternative Strategies Group, Inc. software is
subject to the terms of any license agreement contained in or linked to the
software. You agree to be bound by the terms of such license agreement,
including without limitation the prohibitions on distribution and copying, the
exclusions of all representations and warranties, and the limitation of
remedies to the replacement of defective disks.
No Duty to Inquire
You agree that Alternative Strategies Group, Inc. shall not be under a duty to
inquire or assume responsibility as to the authenticity or propriety of any
instructions given to Alternative Strategies Group, Inc. by You. Alternative Strategies Group, Inc. will employ reasonable
procedures to confirm that instructions received by You are genuine and shall
be entitled to act upon any such instructions. Alternative Strategies Group, Inc. will not be liable for
any loss, cost, expense or other liability when following such instructions
received by You that Alternative Strategies Group, Inc. reasonably believes are genuine.
Internet Security
To the extent that any Alternative Strategies Group, Inc. Electronic Services utilize
Internet services to transport data or communications, Alternative Strategies Group, Inc. will take
reasonable security precautions, but Alternative Strategies Group, Inc. disclaims any liability for
interception of any such data or communications. Alternative Strategies Group, Inc. shall not be
responsible for, and makes no warranties regarding, the access, speed or
availability of Internet or network services.
Termination
You agree that Alternative Strategies Group, Inc. may discontinue Alternative Strategies Group, Inc.'
Electronic Services in whole or in part, at any time, and that Alternative Strategies Group, Inc. may
modify or change the terms of it, in whole or in part, at any time without
notice. You agree that Alternative Strategies Group, Inc. may immediately terminate its services if You
breach these Terms and Conditions or if You have jeopardized the proper and
efficient operation of its services. Any unauthorized use of Alternative Strategies Group, Inc.'
Electronic Services, whatsoever, shall result in automatic termination of this
Agreement.
Applicable Law/Severability
These Terms and Conditions are governed by the laws of The
Commonwealth of Massachusetts (except for conflict of law provisions). Any
claim related to any dispute arising as a result of Alternative Strategies Group, Inc. Electronic
Services or under these Terms and Conditions shall be before a court of
competent jurisdiction located in The Commonwealth of Massachusetts. If any
provision of these Terms and Conditions is held to be unlawful, void, or
unenforceable, such provision shall be deemed severable from this Agreement and
will not affect the validity and enforceability of the remaining
provisions.
Entire Agreement
These Terms and Conditions constitute the entire agreement
between Alternative Strategies Group, Inc. and You with respect to the subject matter herein.
