TERMS

NO SECURITIES OFFERING OR INVESTMENT ADVICE

 

The information on this Website (the “Information”) is not intended as and does not constitute investment advice or an offer of investment advice, legal or tax advice, an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The Information should not be construed as RPG’s endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving the Information, including but not included to the risk that any such Information is or becomes untimely, is or becomes erroneous due to technical or other errors, is incomplete, and/or other risks related to the display, source or accuracy of the Information, including risks that may be currently unknown to RPG You should carefully evaluate all Information, and you should seek the advice of professionals, as appropriate, to evaluate any data, Information, product or service. The Website does not provide Information material to an investor’s decision to invest in any such investment, including, but not limited to, risk factors.

 

IMPORTANT PORTFOLIO AND PERFORMANCE INFORMATION

 

Portfolio Information (including the Information contained in any user-generated report) is based on data received from custodians, or in the case of limited partnership (or other private investment vehicles) or private placement positions, inputted data received from these entities or their designated administrators. The values and performance presented for private investment vehicles are preliminary, unaudited and subject to change. The Information provided may be subject to timing, reconciliation, or other differences than those reported by your custodians or other investment vehicles. Please refer to information provided directly to you from your custodians and investment vehicles as the primary source for holdings, cost basis and transactional data. The Information provided for your portfolio may also include unmanaged assets and brokerage or other investment accounts not managed by RPG. Users that have provided access to Information about assets not managed by RPG will see returns reflective of the Information provided. Net performance results reflect the deduction of advisory fees, brokerage or other commissions, and any other expenses. Performance results reflect the reinvestment or payment of dividends and other earnings. Any market or composite indices presented on the Website or included in a report are for informational purposes only. Past performance is not indicative of future returns. Investing in securities involves risk of loss. Neither the Securities and Exchange Commissions nor any state securities commission or regulatory authority has passed upon the accuracy or adequacy, or endorsed the merits, of the information contained in this Website.

 

You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts. You may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any RPG service before making any decisions based on the information we provide to you. In exchange for using the Website, you agree not to hold RPG liable for any decisions you make based on information made available to you through the Website.

 

PERSONAL AND NON-COMMERCIAL USE LIMITATION

 

The Website is for your personal and non-commercial use. RPG hereby grants you a non-exclusive, non-transferable and limited personal license to access and use the Website, conditioned on your continued compliance with these Terms of Use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any data, Information, products or services obtained from the Website. Except as specifically approved by RPG, you may not allow others to use your user name and password to access or use any part of the Website. If your password has been compromised for any reason, you should contact RPG immediately for a new password. All Information on the Website is subject to confidential treatment and is made available solely for your authorized use in connection with your investment activities. You are prohibited from using the Website to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission of RPG. The Website is available only for lawful purposes, and you are prohibited from using the Website in any way that is fraudulent or illegal or for any fraudulent or illegal purpose.

 

DISCLAIMER OF WARRANTIES

 

The data, information, products and services published on the website may include inaccuracies or typographical errors and the results obtained therefrom are not guaranteed by RPG or any persons creating or transmitting such data, information, products and/or services. RPG and/or its respective third-party providers and/or suppliers may make improvements and/or changes in the content and operation of the website at any time without notice. The website may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions or other reasons. RPG and/or its third-party providers and/or suppliers make no representations about the suitability of the data, information, products and services contained on this website for any purpose. all such data, information, products and services are provided “as is” without warranty of any kind. RPG and/or its respective third-party providers and/or suppliers hereby disclaim all warranties and conditions with regard to this data, information, products and services, including all implied warranties and conditions of fitness for a particular purpose, title, non-infringement and availability. Your use of the website is at your own risk. you are solely responsible for any damage to your computer system, loss of data or any other damage or loss that results from the download of any content from the website. RPG and any person creating or transmitting the data and information on the website shall not be liable for any infection by viruses of or damage to any computer that results from your use of, access to or downloading of such information. If you are dissatisfied with the data, information, products or services offered at the website or with the terms and conditions of these terms of use, your sole and exclusive remedy is to discontinue use of and access to the website.

 

INDEMNIFICATION

 

You agree, at your own expense, to indemnify, defend and hold harmless RPG, its subsidiaries and affiliates, and its officers, directors, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use or the Privacy Policy, your use of the Website or any product or service related thereto, or any of your other acts or omissions.

 

References to any publication or any other company in the Website are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of RPG or that RPG endorses, recommends or approves the services or products of such companies.

 

THIRD PARTY LINKS AND PROVIDERS

 

This Website may be linked to other websites that are not RPG websites (“Third-Party Sites”). Certain areas of the Website may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Website to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Website. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than RPG , and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. RPG is providing links to the Third-Party Sites to you as a convenience, and RPG does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT RPG WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Website to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply RPG’s endorsement or recommendation.

 

MODIFICATION AND MONITORING OF WEBSITE

 

RPG may, at its discretion, change, modify, add or remove portions of these Terms of Use at any time without notice to you. RPG expressly reserves the right to monitor any and all use of the Website.

 

TERMINATION

 

RPG may modify or terminate the Website and terminate a user’s access to the Website without notice at any time and for any reason.

 

JURISDICTIONAL ISSUES AND APPLICABLE LAW

 

RPG controls and operates this Website from its headquarters in El Segundo, California and the information provided may not be appropriate or available for use in other locations. If you use this Website outside the United States of America, you are responsible for following applicable local laws.

 

GENERAL

 

You agree that no joint venture, partnership, employment or agency relationship exists between you and RPG as a result of these Terms of Use or use of the Website. RPG’s performance of these Terms of Use is subject to existing laws and legal process, and nothing in these Terms of Use is in derogation of RPG’s right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by RPG with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. By reviewing or using the Information after accessing the Website, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding (c) you are expected to and will periodically review this page to take notice of any changes made by RPG, and (d) you will use the Information in a manner consistent with applicable laws and regulations and in accordance with these Terms of Use, as RPG may amend them online or otherwise from time to time and with or without notice to you of such amendments. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Use constitute the entire agreement between you and RPG with respect to the Website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RPG with respect to the Website. You agree to be bound by any agreement or consent you transmit to or through the Website via any media or electronic device, including internet, telephone and wireless devices.