AS REQUIRED BY THE U.S. SECURITIES AND EXCHANGE COMMISSION, THIS PASSWORD-PROTECTED WEB SITE MAY ONLY BE ACCESSED BY EXISTING CLIENTS OF Black Mountain Investment Group, LLC (“BMIG”) AND PROSPECTIVE CLIENTS OF Black Mountain Investment Group, LLC (“BMIG”) WHO, among other requirements, ARE QUALIFIED as accredited investors or who generally are sophisticated in financial matters such that they are capable of evaluating the merits and risks of prospective investments.
All NON-US INVESTORS agree to reference the applicable disclaimers referenced herein.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You are prohibited from using the Website to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper, monero miner or other automated means to access the Website for any purpose without the prior written permission of the Fund. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures that we may use to prevent or restrict access to the Website. Any rights not expressly granted herein are reserved.
NO SECURITIES OFFERING OR INVESTMENT ADVICE
The information on the Website is intended to enable investors to understand the nature of the Fund’s financial advisory services. It is not intended as and does not constitute investment advice or legal or tax advice or an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The information in the Website should not be construed as the Fund’s endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving any information found on the Website, and the Fund urges you to make sure that you understand these risks before relying on, using or retrieving any information on the Website. You should evaluate the information made available through the Website, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information. The Fund’s services are designed to integrate with the services provided by its clients’ other financial, legal and tax advisers, not to replace their services. The Fund advises its clients from time to time on non-investment related matters, but clients must rely on their other professional advisers for final approval and/or implementation of non-investment matters.
You acknowledge that any of your requests for information are unsolicited and any information shall neither constitute nor be construed as investment advice from the Fund to you or to form an investment advisory relationship, or any other client relationship between you and the Fund or any of its affiliates or employees. The Fund strongly recommends that you seek outside advice from a qualified securities professional. The Fund does not guarantee the suitability or potential value of any particular investment or information source. The Fund may invest or otherwise hold an interest in companies or securities that may be discussed on the Website.
Information on the Website is not to be construed as an offer to sell or the solicitation of an offer to buy any securities or funds sponsored by, or any investment services provided by, the Fund or its affiliates in any jurisdiction where it is unlawful to do so. All materials may only be distributed and interests in a fund may only be offered and placed to the extent that they may be lawfully distributed and the interests may lawfully be offered or placed (including at the initiative of the investor). The information has been prepared on the basis that you are an investment professional, is for the sole use of your organization, and should not be shared with any other parties. Any such offer or solicitation can only be made by means of the delivery of a Confidential Memorandum, which contains a description of the significant risks involved in such an investment. All figures are estimated and unaudited unless otherwise noted and are shown net of all expenses, management fees and estimated incentive allocations. All figures reflect the reinvestment of dividends and other earnings, where applicable. Actual returns may differ from the reported results due to differences in contribution dates, fee structures and new issue eligibility.
Notwithstanding the foregoing, please note the following with respect to investment funds managed by the Fund: Investments in the Funds are meant for sophisticated investors and involve a high degree of risk. Investors can lose all or a substantial portion of their investment. Investment returns may be volatile. Investments in underlying funds may not be diversified. Funds of funds have substantial fees and expenses which may offset profits. Investments in the Funds are subject to significant restrictions on transfers. There is no secondary market for interests in the Funds and none is expected to develop. The underlying funds’ use of leverage in the course of their trading could exacerbate losses.
PAST PERFORMANCE IS NOT COMPARABLE
The performance data presented on the Website reflect the reinvestment of dividends and other earnings, and net figures reflect the deduction of expenses, management fees and incentive fees and allocations.
The Fund believes that the performance shown on the Website was generated with an investment philosophy and methodology similar to that described in the funds’ respective Confidential Offering Circulars and Private Offering Memoranda and that the Fund would expect to use in the future. Future investments, however, will be made under different economic conditions and in different securities and may be made using different investment strategies than were used during the times discussed herein. Furthermore, the performance discussed herein reflects investment of limited funds for a limited period of time and does not reflect performance in different economic or market cycles. You should not assume that any fund that the Fund advises will experience returns, if any, comparable to those described herein. Past performance does not indicate future returns. The performance results have not been compiled, reviewed or audited by an independent accountant. Results for the current year are based on the internal books and records of each fund and are subject to adjustment when that fund’s financial statements for the current year are audited.
The Fund believes that comparing each fund’s performance to any single market index or other benchmark is or may be inappropriate. These indices and benchmarks are provided for comparative purposes, but only as examples of general market performance. Unlike these indices and benchmarks, each fund’s portfolio may contain options (including covered and uncovered puts and calls) and other derivative securities, futures and other commodity interests and currencies, and may include short sales of securities, margin trading, securities of smaller capitalization companies and types of securities that are different than those reflected in these indices and benchmarks, and is not as diversified as these indices and benchmarks. Due to the differences between the composition of a fund’s portfolio and these indices and benchmarks, the Fund cautions potential investors that no such index or other benchmark is directly comparable to any fund.
As a condition to your use of the Website, you represent and warrant to, and agree with, the Fund that, all of the information that you provide shall be truthful, accurate and complete.
DISCLAIMERS AND LIMITATION OF LIABILITY THE INFORMATION, SOFTWARE AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING OF SUCH INFORMATION, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY THE FUND OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION, SOFTWARE AND SERVICES.
THE FUND AND/OR ITS RESPECTIVE 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.
THE FUND AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE FUND AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
OWNERSHIP OF CONTENT
While the Fund uses reasonable efforts to update the information on this Website, the Fund makes no representations or warranties as to the accuracy, reliability or completeness of any information at this Website. Any contents at this Website are subject to change without notice.
MATERIAL TO BE CONSULTED IN ITS ENTIRETY
All materials in this Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
NO UNLAWFUL OR PROHIBITED USE
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
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 the Fund or that the Fund endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of the Fund.
LINKS TO THIRD PARTY WEBSITES
The Website may contain hyperlinks to websites operated by parties other than the Fund, which the Fund may not have been screened or reviewed and which may contain inaccurate, inappropriate or offensive material, products or services. The Fund does not control such websites, and the Fund assumes no responsibility or liability regarding the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. The Fund’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
MODIFICATION AND MONITORING OF WEBSITE
TERMINATION AND CANCELLATION
The Fund may modify or terminate the Website and terminate your access to the Website, without notice at any time and for any reason.
JURISDICTIONAL ISSUES AND APPLICABLE LAW
Unless otherwise specified, the Fund controls and operates the Website from its offices within the State of Nevada, United States of America.
The Fund does not claim that materials in the Website are appropriate or available for use in locations other than Nevada. If you choose to access the Website from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
Software from the Website is further subject to United States export controls. Software from the Website may not be downloaded or otherwise exported or reexported outside the United States. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.
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.
In order to resolve a complaint regarding the Site or the Marketplace Items or to receive further information regarding use of the Site or the Marketplace Items, please contact us at: