Terms of Use

General

Please read the following terms carefully before you start to use this website (the “Website”).  By accessing, posting, uploading or downloading Website content, browsing or registering for use of the Website you confirm on your own behalf and on behalf of any organization that you represent (together, “you”) that you accept these terms and will comply with them.  If you do not accept these terms you should not access or use the Website.  In these terms, “Caerus” means Caerus Golf Capital Limited (Hong Kong), The Mana Initiative LLC, or Caerus Golf Fund Hawaii 1, LP. These terms are subject to and do not modify any relevant agreements between you and Caerus.

These terms are supplemented by additional disclaimers and terms which apply to certain areas of this Website which are provided by and relate to each of Caerus Golf Capital Limited (Hong Kong), The Mana Initiative LLC, or Caerus Golf Fund Hawaii 1, LP only.  Caerus may amend these terms from time to time which shall be effective on being made available on this Website.  Please check them periodically to inform yourself of any changes.

Accessing the Website

The Website and the publications, materials and other content on it (‘Content‘) are made available for information purposes only and free of charge.  Caerus does not guarantee that the Website or any Content will remain available or be uninterrupted.  Caerus may suspend, withdraw, discontinue, change or limit access to all or any part of the Website without notice.  If you breach any term of use of this Website your right to use this Website shall cease.  You are solely responsible for any arrangements necessary for you to access to the Website and any related costs, and for ensuring that all persons who access the Website through you are aware of and comply with these terms.

Local regulatory restrictions

This Website is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of this Website is prohibited by applicable laws, regulations or rules of regulatory authority (“Laws”).  This Website is only directed at and may only be accessed by persons who may lawfully view it in accordance with Laws.  Persons that view or access this Website do so of their own initiative and are responsible for compliance with Laws, and any person prohibited from viewing or accessing this Website by Laws must not access or view this Website.  If you are unsure whether you are prohibited by applicable Laws from viewing or accessing this Website you should seek appropriate independent legal advice.

Caerus makes no representation that this Website, any Content, and any product or service referred to in the Content is appropriate for use by or available to any particular type of person.

Security of Information

You acknowledge that communications transmitted through the Website are public and not private communications and Content and information posted on the Website will be accessible by third parties. Communications on or through the Website will not be private and you should not provide any confidential information to the Website or post any information on it.

User content

The views expressed by other users on the Website do not represent Caerus’ views or values.

If you upload or post any information, comments, suggestions, ideas, graphics, or other information that you transmit or post to the Website or to other users of the Website through the Website (“User Content”) you must ensure that, and you warrant that, your User Content: (i) does not relate to securities products, or include investment recommendations, details of investment product performance, or client testimonials; (ii) is not and could not be deemed to be offensive, derogatory, inflammatory, threatening, harassing (including through language, frequency or size of messages sent), invasive of privacy, discriminatory, defamatory, racist, obscene, indecent, abusive, harmful or malicious by any person in any jurisdiction; (iii) is not misleading, untrue or inaccurate; (iv) does not include sensitive financial or personal information; (iv) does not constitute or include any form of advertising or marketing; (v) does not infringe or breach any person’s intellectual property rights (including without limitation copyright, trademarks, design rights, trade secrets, patents, moral rights, paternity rights and performance rights (“IP Rights”); (vi) does not breach any right to privacy, laws, regulations or rules or binding guidance of regulatory authority enforceable in Hong Kong or elsewhere (“Laws”); and (vii) does not include unsolicited promotional or marketing material, or chain letters or pyramid selling schemes.

To the fullest extent permitted by applicable laws you will be liable to Caerus for, and indemnify Caerus in respect of, any loss suffered by Caerus arising from any breach of any warranty above.  If you are a consumer user, this means you will be responsible for any loss or damage that Caerus suffers as a result of your breach of that warranty.

You may not attempt to flood or disrupt the Website, including without limitation by posting excessive multiple messages.

Caerus will treat User Content as non-confidential and non-proprietary and may use, copy, distribute and disclose it for any purpose and will not be under any obligation to make any payment to any person in relation to its use of User Content. Caerus will not be under any obligation to use, evaluate, verify or confirm any User Content.

Caerus retains the right to: (i) remove any User Content that you provide to the Website if Caerus considers (in its sole discretion) that it does not comply with this policy or misrepresents Caerus’ views or values or could damage Caerus or its reputation; and (ii) disclose your identity to any person that claims that any User Content provided by you to the Website violates their IP Rights or breaches applicable Laws, or as Caerus may consider necessary or desirable in relation to its compliance with Laws or to comply with any request or investigation of any governmental or regulatory body or court, tribunal or arbitrator.

Linking to the Website

You may link to the home page of the Website, provided that you do so in a way that is fair and legal and does not damage or exploit Caerus’ reputation or the Content.  You must not link to this Website in a manner that suggests any form of association, approval or endorsement by Caerus.  You may not frame this Website or any part of it on any other website or create a link to any part of the Website other than the home page.  We reserve the right to withdraw linking permission without notice.  The website from which you are linking must comply with the User Content provisions set out above.

Third party links and resources

Any links to other websites and resources provided by third parties on this Website are provided for your information only and may be accessed by you at your own risk.  Caerus has no control over the contents of those websites or resources.  Caerus neither endorses nor accepts any responsibility for any linked website, its contents and any software available on it, or for any third party content included in the Website.  To the fullest extent permitted by applicable laws, Caerus shall not be liable for any loss or damage (direct or indirect) arising from or in connection with any such website or content.

Viruses

Caerus does not guarantee that the Website, the Content and any material available on or through it are secure or free from bugs, viruses, worms, trojans or other code or material which is malicious or harmful (“Malware”).  You are responsible for configuring your information technology, computer programs, virus protection software and platform to access the Website.  You must not misuse the Website by introducing Malware.  You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.  You must not attack the Website via a denial-of-service attack, distributed denial-of service attack or other criminal act.  It is Caerus’ policy to report any such attack to relevant law enforcement authorities and to co-operate and disclose information to them.

Intellectual property rights

Caerus is the owner or the licensee of all intellectual property rights in the Website and its Content.  Those works are protected by copyright laws and treaties.  All such rights are reserved.  Copyright in the Content is owned by Caerus or its licensors.  You shall not acquire any proprietary rights in this Website or Content (or any part thereof) and agree not to infringe, challenge, bring into disrepute or prejudice the right or title of Caerus in any such intellectual property.

Subject to your compliance with these terms, Caerus grants you the right to access and use this Website and use, download and print copies of Content, for your own, private, non-commercial purpose in connection with obtaining information and services from Caerus, at all times for information purposes only. You may print a copy of Content if in complete form, no amendment is made to it, it acknowledges Caerus as its source, and it is only for personal use or use within your organization. If you provide copies to others, you must ensure that any recipient is made aware of these terms and you acknowledge that Caerus and/or any identified contributor is the author.

You may not transmit, reproduce, modify, copy, distribute or use for commercial purposes any Content without Caerus’ prior written consent.  You may not modify any Content or use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  You must not use Content for commercial purposes without obtaining a license to do so from Caerus and/or its licensor(s).  If you print, copy or download any Content in breach of these terms of use, your right to use the Website will cease immediately and you must, at Caerus’ option, return or destroy any copies of the Content in your possession or control.

Access security

If Caerus provides you with a username and password to access certain restricted areas of this Website, you must treat that information as confidential and must not disclose it to any third party.  Caerus retains the right to disable any username and password at any time, if it reasonably considers that you have failed to comply with these terms.  If you know or suspect that anyone other than you knows your username or password, you must promptly notify Caerus at info@caerusgolfcapital.com. If you have been provided with a username and password by Caerus, you are responsible for the activities which occur in connection with their use and must protect them from misuse. If you become aware of any unauthorized use of, loss or theft of your username and password, you should immediately notify Caerus at info@caerusgolfcapital.com.

Access to specific areas of the Website is restricted due to confidentiality and securities and financial promotion laws and regulations.  The areas of the Website that are password protected are only directed at persons who are types of persons that are permitted to receive such information pursuant to the laws and regulations that apply to them.  If you are not such a person and have not been provided with a password by Caerus, you should not rely on the information on these parts of the Website.  You will not be permitted to invest in any product offered by Caerus unless Caerus is satisfied that you are a person that can be offered, purchase and hold such an investment under applicable law and regulations.

Content available on the Website’s restricted areas contains information that may be confidential, proprietary, trade secrets and commercially sensitive.  By accessing such Content, you agree: (a) to keep such information strictly confidential and not reproduce or redistribute that Content in any format without the express written approval of Caerus; (b) upon Caerus’ request, promptly return to Caerus any Content that you have downloaded; and (c) if you become legally required to disclose any Content, to the fullest extent permitted under applicable laws and regulations you shall promptly notify Caerus of such requirement prior to any such disclosure and shall use all reasonable efforts to obtain a protective order or other appropriate remedy (or, at Caerus’ request, assist Caerus in seeking a protective order or other appropriate remedy) to prevent the disclosure of such materials and to obtain assurance that confidential treatment will be accorded to the Content disclosed.

No reliance

This Website and the Content are provided for general information only and are not intended to amount to advice or to be relied upon in any way. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Website or Content.  While Caerus endeavors to ensure that Content is accurate at the time it is included, it is provided “as is” and “as available”.  To the fullest extent permitted by applicable law, Caerus excludes all conditions, warranties, representations or other terms which may apply to the Website or any Content, and Caerus makes no representation, warranty or guarantee (whether express or implied) in relation to this Website, including without limitation that the Content is accurate, complete or up-to-date, or that the Content will continue to be made available in its current or any other form, or that the Content and other material made available on or downloaded from this Website will be free from Malware or third party rights.

Limitation of liability and indemnity

To the fullest extent permitted under applicable law or regulation, Caerus excludes all liability (howsoever caused) to you or any third parties for any loss or damage relating to the use of, inability to use, or reliance on this Website or Content or links contained on it, including without limitation damages of any kind, including compensatory, direct, indirect or consequential losses, loss of data, income or profit, loss of or damage to property and claims of third parties.

By accessing the Website, you agree to indemnify Caerus and its members, managers, officers, directors, employees and agents (together, the “Indemnified Persons”) against, and hold the Indemnified Persons harmless from, any and all claims, disputes, proceedings (“Claims”) losses and expenses, including lawyers’ fees, arising from your use of the Website and/or Content. You release the Indemnified Persons from any and all Claims, demands, debts, obligations, damages (actual, consequential or special), costs and expenses of any kind whatsoever that you may have against the Indemnified Persons arising out of or connected with any Claim.

Caerus Content

Any opinion or comment in any Content, including without limitation any article, commentary or note on this Website provided by Caerus or its staff are not necessarily the opinions of all Caerus entities, and were written on the date shown and for a particular audience and purpose and may not represent Caerus’ or the author’s position or view of the same matter subsequently. Unless otherwise indicated, any Content was produced as of the date indicated and will not be updated or revised to reflect information that subsequently becomes available, or circumstances existing or changes occurring after that date.  The posting of any Content does not imply that the Content is correct at any time before and after that date.  The provision of access to the Website at any time shall not, under any circumstances, create an implication that the information contained in it is correct as at the time that access is provided.  Caerus is under no obligation to update the information contained on the Website or to notify you of any subsequent update to the Website.

Social Media

Caerus may use unaffiliated social media sites, including Twitter, Facebook, YouTube and LinkedIn and other websites that share information with users (“Social Media”) to share product and service information, thought leadership material, news, events and career information.  Social Media pages are typically public and can show up in search engines.  Because Caerus’ Social Media sites are public and anyone with an account can engage with Caerus, Caerus cannot be responsible for views expressed by persons other than Caerus.

Caerus reserves the right to prohibit posting on its Social Media pages, as well as the right to delete or edit any posted content or material for any reason and without notice.  Any posting on those pages is subject to the User Content provisions above.

Caerus reserves the right to block or remove objectionable Content and users in its sole discretion and without notice. Any delay in removing or failure to remove an objectionable posting should not be deemed an endorsement or approval by Caerus of the posting, and does not preclude Caerus from taking other steps to address objectionable content, particularly where a Social Media website restricts Caerus from removing content or blocking users.  If a follower forwards Caerus posts and adds comments, such comments are the view and responsibility of the follower, and Caerus expressly disclaims any responsibility over such communication.

Social Media websites are operated and hosted by third parties, and are governed by their separate website policies, including privacy policies and terms of usage.  Caerus is not responsible for their terms of use or privacy policies, or any other third party websites that may be linked to them. You use these Social Media sites at your own risk.

Investment

No Content constitutes, or is intended to constitute, an offer or solicitation or inducement to buy or sell investments or goods or services (including without limitation investment advice or investment management services), or to engage in any transaction in any jurisdiction.  Access to this Website is restricted to persons who are able to access it pursuant to applicable laws, regulations and rules of regulatory authorities (“Laws”) and without triggering any requirement on Caerus or any fund managed or advised by Caerus (“Caerus Fund”) to register or make any regulatory or other filings.  By accessing this Website, you confirm that you are such a person and that you are responsible for compliance with Laws.

The Content is not, and may not be construed as, investment, legal, tax, accounting or financial advice.  You should consult your own suitably qualified independent legal, taxation, accounting and financial adviser before entering into any transaction in relation to Caerus or any Caerus Fund.

Caerus’ only clients are Caerus Funds and any person with whom Caerus has entered into a client agreement.  Caerus does not act for and does not owe client obligations to  any other person.

Investment Performance

Information about the performance of investments previously made by the Caerus Funds is provided for information only and is not a reliable indicator of future performance and future investments may not achieve the same level of returns as previous investments. An investment in a Caerus Fund may carry a high degree of risk. The value of investments may fall as well as rise and investors may not get back the amount invested. No assurance can be given that the stated investment objectives will be achieved. Changes in rates of foreign exchange may cause the value of the investments to go up or down.

Any forward-looking statements, including projections or estimates, that are provided by Caerus on the Website are based on Caerus’ opinions, expectations and assumptions as at the time of writing.  Caerus is under no obligation to update or revise any such statements.  There can be no assurance that such statements will prove correct or will be applicable to any Caerus Fund’s actual investments.  Actual events are difficult to project and often depend upon factors that are beyond the control of Caerus.  Actual results may differ materially from those that might arise if a forward-looking statement, projection or estimate were proved accurate.  If any Content includes any historical investment returns or historical investment performance or provides any valuation of any investment, no representation is made or assurance given that such returns or performances are or will be indicative of future investment returns or future investment performance or that realized value will equal or exceed any such valuation.

Non-Exclusivity

You should not send Caerus any confidential or proprietary material without Caerus’ prior written agreement and Caerus shall not be deemed to have accepted and shall not be bound by any purported attempt to impose an obligation of confidentiality in relation to such material without its express written consent.  Caerus receives a considerable number of business plans and other proposals which may be similar to each other.  Caerus reserves the right to review only those which it (in its sole discretion) considers meets the relevant investment criteria and may reject proposals without providing a reason or returning material.

Privacy Policy

Caerus will only use your personally identifiable information in accordance with its privacy policy available from time to time on this Website.

Miscellaneous

Nothing on this Website or in these terms and conditions shall exclude or restrict any duty or liability to the extent that such exclusion or limitation is not permissible under applicable law or regulation nor shall exclude or limit any duty or liability that Caerus has UNDER THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE “U.S. SECURITIES ACT”) (as amended).

If any provision of these terms is or becomes invalid, illegal or unenforceable in any respect under applicable laws or regulations or is held to be invalid by a court, tribunal or arbitrator of competent jurisdiction, then the validity, legality and enforceability in relation to that jurisdiction of any other provision shall not be affected, and the validity, legality and enforceability of these terms in any other jurisdiction shall not be affected.

You may not assign, sub-license or otherwise transfer any right under these terms.  Any failure or delay by Caerus in enforcing an obligation or exercising a right under these terms shall not amount to a waiver of that obligation, or right or any other obligation or right.  These terms are effective until terminated by Caerus.

Governing Law

These terms and all issues relating to this Website between Caerus and you are governed by Hong Kong law and all disputes shall be determined exclusively by the Hong Kong courts.  The Hong Kong courts have exclusive jurisdiction to settle any dispute, controversy or claim arising from or connected with these terms, including regarding the formation, validity or termination of these terms.

Further information

If you have any queries regarding these terms please contact us at info@caerusgolfcapital.com. This Website is owned and operated by Caerus.  If you have any complaint relating to Caerus or this Website you should contact Caerus at info@caerusgolfcapital.com.