TERMS OF USE

Last Update Jan 18, 2021


By using this website (the “Website”), you agree to be bound by these Terms of Use (“Terms”) and understand that these Terms constitutes a binding and enforceable contract between you and KPG Funds (“KPG”). These Terms set forth are the terms and conditions under which you may access and use the Website, whether or not you have registered for an account on the Website. If you do not agree to these Terms, you may not use this Website and must leave the Website.

Use of the Website

Use of this Website is limited to persons 18 years of age or older. You agree and acknowledge that the Website and the content, including, but not limited to, graphics, text, video, and the like, including any third party content, and other information provided on the Website (the “Website Content”), is the sole and exclusive intellectual property of KPG or is licensed by KPG for use on the Website, the Website Content shall not be copied, reproduced, displayed, used, sold or otherwise distributed or modified without the express prior written consent of KPG or its licensors. KPG hereby grants you a license to view the Website and the Website Content solely in accordance with these Terms. Exclusive of any third party content and subject to the above limitations, you may print a single copy of limited portions of the Website Content solely for your personal, non-commercial use. KPG reserves the right to temporarily disable or permanently discontinue any and all functionality or your use of the Website, including the provision of any and all Website Content, at any time without notice and with no liability to you. If you fail to comply with any provision of these Terms, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately cease use of the Website.

Modifications

KPG may, in its sole discretion and at any time, modify these Terms, in whole or in part, by posting such modifications on the Website. Your continued use of the Website following the posting of such changes will operate as an acknowledgement of your acceptance of the then current Terms.

Privacy

KPG’s Privacy Statement, which is hereby incorporated into these Terms, contains additional information about how your information (including information not publicly viewable) will and will not be used.

Disclaimer of Warranties and Limitation of Liability

(a) Disclaimer of Warranties: THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KPG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KPG MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE; OR (ii) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL OR INFORMATION DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.

(b) Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL KPG, ITS PARTNERS, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT FROM ANY ASPECT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, FROM OTHERS USING THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT KPG IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL WEBSITE CONTENT OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM KPG OR ITS PARTNERS AND ANY LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT THEREFROM. NOTWITHSTANDING THE FOREGOING, IF, DESPITE THE LIMITATION ABOVE, KPG IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN ANY LIABILITY RESULTING THEREFROM SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS AGAINST KPG AND KPG INDEMNITIES.

(c) Exclusions and Limitations: The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of KPG. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.

Indemnification

You agree to defend, indemnify and hold harmless KPG, its affiliates, partners, advisors, employees, members, managers, officers, directors, agents, licensors, licensees or content providers from any claims, losses, damages, expenses, demands, and costs (including, without limitation, reasonable attorneys’ fees), arising out of or relating to your use of the Website or your posting of User Content.

Third Party Links

The Website may contain hyperlinks (“Links”) to other websites, or advertising or sponsorships operated by or referring to third parties and their goods and services (“Advertising”). Links and Advertising may be made available to assist you, the user. KPG does not control such Links or Advertising. KPG MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM.

Inclusion of such Links or Advertising does not imply any endorsement by KPG, including but not limited to opinions, statements, information, individuals or entities referred to on such Links or Advertising or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators or advertisers. Linked sites or other websites may also have a hyperlink to this Website; KPG is not, and you agree that KPG is not, responsible for the content of any such website or the actions of any operator of any such website.

Viruses and Malware

KPG recommends that you install appropriate defenses against viruses and other malware before you download any information from or otherwise interact with this Website. KPG shall not accept any liability whatsoever for any virus or malware contracted as a result of visiting this Website and will not be liable for any claim, loss, damage, costs or expenses incurred by any person as a result of the presence of a virus or malware on this Website.

Choice of Law and Jurisdiction

By accessing the Website, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and KPG or its affiliates. In addition, you agree to submit to the exclusive jurisdiction of the courts of the State of New York in New York County for any action pursued concerning these Terms or your use of the Website.

Jurisdictional Disclaimer

KPG intends that the Website will be viewed by U.S. persons. This should not be viewed as a solicitation or offer of services in any jurisdiction in which KPG is not qualified to do business. It is provided for informational purposes only.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Contacting KPG

You may contact KPG if you any questions about the Terms of Use, the practices of this Website, or your dealings with the Website by sending an e-mail to [email protected]

PRIVACY POLICY

Last Update Jan 18, 20021


This Privacy Policy governs the manner in which KPG Funds collects, uses, maintains and discloses information collected from users (each, a “User”) of the kpgfunds.com website (“Site”). This privacy policy applies to the Site and all its related online products and services offered KPG Funds.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, and/or phone number information. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we protect your information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Sharing your personal information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Changes to this privacy policy

KPG Funds has the discretion to update this privacy policy at any time. When we do, we will revise the updated date on this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

DISCLOSURES

Last Update Jan 18, 2021


ANY INFORMATION, DATA, STATEMENTS, OPINIONS, OR PROJECTIONS MADE IN THIS PRESENTATION MAY CONTAIN CERTAIN FORWARD LOOKING STATEMENTS, PROJECTIONS AND INFORMATION RELATING TO THE VIEW OF THE FUND (OR ITS AFFILIATES) WITH RESPECT TO FUTURE PLANS, EVENTS, OBJECTIVES, AND EXPECTED PERFORMANCE OF THE FUND (OR ITS UNDERLYING ASSETS). SUCH FORWARD-LOOKING STATEMENTS MAY BE IDENTIFIED BY THE USE OF TERMINOLOGY INCLUDING, BUT NOT LIMITED TO, “MAY,” “WILL,” “SEEK,” “SHOULD,” “EXPECT,” “ANTICIPATE,” “TARGET,” “PROJECT,” “ESTIMATE,” “INTEND,” “CONTINUE” OR “BELIEVE” OR THE NEGATIVES THEREOF OR OTHER VARIATIONS THEREON OR COMPARABLE TERMINOLOGY. ANY SUCH FORWARD-LOOKING STATEMENTS ARE BASED ON THE BELIEFS OF THE FUND (OR ANY AFFILIATE THEREOF) AS WELL AS ASSUMPTIONS MADE BY, AND INFORMATION CURRENTLY AVAILABLE TO, THE FUND. WHILE THE FUND BELIEVES SUCH STATEMENTS AND ASSUMPTIONS TO BE REASONABLE, THEY ARE NEVERTHELESS SUBJECT TO A WIDE RANGE OF RISKS AND UNCERTAINTIES, INCLUDING THOSE DESCRIBED IN DETAIL IN THE FUND’S SUPPLEMENTAL DISCLOSURE. AMONG OTHER THINGS, THE FUND’S PERFORMANCE MAY BE VOLATILE, LEVERAGE MAY BE UTILIZED (WHICH COULD INCREASE THE RISK OF INVESTMENT LOSS), AND THE FUND WILL HAVE FEES AND EXPENSES (ALL OF WHICH MAY BE HIGHER THAN THAT OF INTERESTS IN REGISTERED INVESTMENT COMPANIES) THAT WILL REDUCE RETURNS. SHOULD ONE OR MORE OF THESE RISKS OR UNCERTAINTIES MATERIALIZE, OR SHOULD UNDERLYING ASSUMPTIONS PROVE INCORRECT, ACTUAL EVENTS OR RESULTS MAY DIFFER OR VARY MATERIALLY FROM THOSE EXPRESSED, DESCRIBED OR IMPLIED IN THIS PRESENTATION (I.E. IN ANY PROJECTIONS) AND BY ANY SUCH FORWARD LOOKING STATEMENTS. THERE CAN BE NO ASSURANCE THAT SUCH FORWARD LOOKING STATEMENTS AND ANY PROJECTIONS HEREIN WILL BE REALIZED. FURTHERMORE, THE FUND WILL NOT NECESSARILY UTILIZE OR DO ANY OR ALL OF WHAT IT SAYS IN THIS PRESENTATION IN ALL CASES WHEN IMPLEMENTING ITS STRATEGY AND MAY USE ANY OTHER MEANS OR METHODS OR STRATEGIES WITHOUT NOTICE TO INVESTORS. ACCORDINGLY, ANY DESCRIPTIONS OF THE POLICIES, METHODS, MEANS, PROCESSES, AND/OR STRATEGIES OF THE FUND (OR ITS AFFILIATES HEREIN) ARE BASED ON GENERAL PRACTICE AND, WITHOUT NOTICE TO INVESTORS, THE FUND MAY: MAKE EXCEPTIONS IN SPECIFIC CASES; CHANGE SUCH PRACTICES AT ANY TIME; AND USE ANY OTHER MEANS OR METHODS OR STRATEGIES ALL IN ACCORDANCE WITH THE PARTNERSHIP AGREEMENT.

 

ALTHOUGH CAREFULLY VERIFIED, DATA IS NOT GUARANTEED AS TO ACCURACY OR COMPLETENESS AND THE STATEMENTS, OPINIONS, AND/OR DATA EXPRESSED IN THIS PRESENTATION ARE SUBJECT TO CHANGE WITHOUT NOTICE, INCLUDING BASED ON MARKET AND OTHER CONDITIONS. IN ALL CASES, PROSPECTIVE INVESTORS SHOULD MAKE THEIR OWN INQUIRIES AND CONDUCT THEIR OWN INVESTIGATION AND ANALYSIS OF THE FUND AND THE INFORMATION CONTAINED IN THIS PRESENTATION INCLUDING THE MERITS AND RISKS INVOLVED AND THE LEGALITY AND TAX CONSEQUENCES OF SUCH AN INVESTMENT, AND CONSULT THEIR OWN ADVISORS AS TO THE FUND AND THIS OFFERING AND AS TO LEGAL, TAX, INVESTMENT AND OTHER RELATED MATTERS CONCERNING AN INVESTMENT IN THE FUND. IN FURNISHING THIS PRESENTATION, THE FUND RESERVES THE RIGHT TO SUPPLEMENT, AMEND OR REPLACE THE PRESENTATION AT ANY TIME, BUT HAS NO OBLIGATION TO PROVIDE THE RECIPIENT WITH ANY SUPPLEMENTAL, AMENDED, REPLACEMENT OR ADDITIONAL INFORMATION. NOTHING HEREIN IS INVESTMENT, LEGAL, TAX, OR OTHER ADVICE AND INVESTORS SHOULD CONSULT THEIR OWN EXPERTS. AS A RESULT OF ALL OF THE FOREGOING, INTER ALIA, NEITHER THE FUND NOR ITS PRINCIPALS OR AFFILIATES CAN BE HELD RESPONSIBLE FOR INVESTMENTS IN THE FUND MADE BY THE RECIPIENTS OR VIEWERS OF THIS PRESENTATION BASED ON THE STATEMENTS, PROJECTIONS, RESEARCH, OR ANY OTHER INFORMATION OF ANY OTHER KIND INCLUDED IN THIS PRESENTATION. CERTAIN LAWS AND REGULATIONS PROVIDE LIABILITY THAT CANNOT BE DISCLAIMED; NOTHING HEREIN SHOULD BE CONSIDERED A WAIVER OF SUCH LIABILITY.

THIS PRESENTATION IS BASED ON INFORMATION AVAILABLE AS OF THE TIME IT WAS WRITTEN, PROVIDED, OR COMMUNICATED. STATEMENTS AND INFORMATION IN THIS PRESENTATION ARE MADE AS OF JANUARY 18, 2021, UNLESS STATED OTHERWISE, AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED TO IMPLY THAT THE INFORMATION AND DISCLOSURES HEREIN ARE CORRECT AS OF ANY SUBSEQUENT DATE AND THE FUND DISCLAIMS ANY DUTY TO UPDATE THIS PRESENTATION (INCLUDING TO UPDATE OR REVISE ANY FORWARD-LOOKING STATEMENTS CONTAINED IN THIS PRESENTATION TO REFLECT EVENTS OR CIRCUMSTANCES OCCURRING AFTER THE DATE OF THE INITIAL DISTRIBUTION OF THIS PRESENTATION OR TO REFLECT THE OCCURRENCE OF UNANTICIPATED EVENTS) AND ANY CONTENT, RESEARCH OR INFORMATION CONTAINED THEREIN. ACCORDINGLY, NEITHER THE FUND NOR ITS PRINCIPALS OR AFFILIATES MAKE ANY REPRESENTATION AS TO THE TIMELINESS OF ANY INFORMATION IN THIS PRESENTATION.

 

NEITHER THE FUND NOR ANY AFFILIATE THEREOF IS REGISTERED AS A SECURITIES BROKER-DEALER WITH THE SEC OR WITH ANY STATE SECURITIES REGULATORY AUTHORITY OR WITH ANY FOREIGN COUNTRY. THE INFORMATION CONTAINED IN THIS PRESENTATION IS NEITHER AN OFFER TO SELL, NOR A SOLICITATION OF AN OFFER TO BUY, ANY SECURITY, PRODUCT OR SERVICE, INCLUDING INTERESTS IN THE FUND. THE INFORMATION IN THIS PRESENTATION IS IN SUMMARY FORM FOR CONVENIENCE OF PRESENTATION; IT IS NOT COMPLETE AND SHOULD NOT BE RELIED UPON AS SUCH. AN OFFER TO INVEST IN THE FUND CAN ONLY BE MADE BY THE FUND’S OFFERING DOCUMENTS (ALL OF WHICH WILL CONTAIN ADDITIONAL INFORMATION ABOUT THE FUND), ONLY TO INDIVIDUALS WHO MEET THE INVESTOR SUITABILITY REQUIREMENTS OF THE FUND, AND ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER IS LAWFUL (AS DISTRIBUTION MAY BE RESTRICTED IN CERTAIN JURISDICTIONS). THE TERMS AND PROVISIONS WITH RESPECT TO THE FUND IN ITS FINAL FORM AND FINAL OFFERING DOCUMENTS MAY DIFFER MATERIALLY FROM THE INFORMATION SET FORTH HEREIN. ACCORDINGLY, THIS PRESENTATION MUST BE READ IN CONNECTION WITH THE FULL OFFERING DOCUMENTS IN ORDER TO UNDERSTAND FULLY ALL OF THE IMPLICATIONS AND RISKS OF THE FUND. IN THE CASE OF ANY INCONSISTENCY BETWEEN THE DESCRIPTIONS OR TERMS IN THIS PRESENTATION AND THE FULL OFFERING DOCUMENTS, THE FULL OFFERING DOCUMENTS SHALL CONTROL. CAPITALIZED TERMS NOT OTHERWISE DEFINED HEREIN SHALL HAVE THE SAME MEANING ASCRIBED TO THEM IN THE PARTNERSHIP AGREEMENT OF THE FUND. THERE CAN BE NO ASSURANCE THAT THE OBJECTIVES OR INFORMATION STATED IN THIS PRESENTATION WILL BE ACHIEVED. THIS PRESENTATION SHOULD NOT BE CONSTRUED BY ANYONE AS THE FUND’S (OR ANY AFFILIATES’ THEREOF) SOLICITATION OR OFFER TO EFFECT OR ATTEMPT TO EFFECT TRANSACTIONS IN SECURITIES (OR AN OFFER THEREOF).